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OOCUMNTS 
DIPT. 


CONSTITUTIONAL  CONVENTION 


i)IS"lTrT  OF  MAINE 


.Vii'll   THE 


ARTICLES   OF   SEPARATION, 


GOVERNOR  BROOKS'  PROCLAMATION' 


PREFIXED. 


1819-20 


Mpsftt: 

FULLEK^&JPU^JiEit,  PRINTERS  TO  THE  STATE. 
1856. 


Ik  ± 


JOURNAL 


OF  THE 


CONSTITUTIONAL  CONVENTION 


DISTRICT  OF  MAINE 


WITH  THE 


ARTICLES   OF   SEPARATION 


GOVERNOR  BROOKS'  PROCLAMATION, 


PREFIXED. 


1819-20 


Sttgttsta: 

FtTLIiER  &  FULLER,  PRINTERS  TO  THE  STATE. 

1856. 


3*'  . 


DOCUMENTS 
DCPT. 


ARTICLES  OF  SEPARATION. 


COMMONWEALTH  OF  MASSACHUSETTS. 


An  Act  relating  to  the  separation  of  the  District  of  Maine  from 
Massachusetts  proper,  and  forming  the  same  into  a  separate  and 
independent  State. 

Whereas,  It  has  been  represented  to  this  Legislature,  that  a 
majority  of  the  people  of  the  District  of  Maine  are  desirous  of 
establishing  a  separate  and  independent  Government  within 
said  District;  Therefore, 

Section  1.  Beit  enacted  by  the  Senate  and  House  of  Rep- 
resentatives, in  General  Court  assembled,  and  by  the  authority 
of  the  same,  That  the  consent  of  this  Commonwealth  be,  and 
the  same  is  hereby  given,  that  the  District  of  Maine  may  be 
formed  and  erected  into  a  separate  and  independent  State,  if 
the  people  of  the  said  District  shall,  in  the  manner,  and  by  the 
majority,  hereinafter  mentioned,  express  their  consent  and  agree- 
ment thereto,  upon  the  following  terms  and  conditions;  and, 
-provided,  the  Congress  of  the  United  States  shall  give  its  con- 
sent thereto,  before  the  fourth  day  of  March  next;  which  terms 
and  conditions  are  as  follows,  viz : 

First.  All  the  lands  and  buildings  belonging  to  the  Com- 
monwealth, within  Massachusetts  proper,  shall  continue  to  be- 
long to  said  Commonwealth ;  and  all  the  lands  belonging  to 
the  Commonwealth,  within  the  District  of  Maine,  shall  belong, 
the  one-half  thereof,  to  the  said  Commonwealth,  and  the  other 
half  thereof,  to  the  State  to  be  formed  within  the  said  District, 
to  be  divided  as  is  hereinafter  mentioned ;  and  the  lands  within 
the  said  District  which  shall  belong  to  the  said  Commonwealth, 


r>  /»  f\<r%  O  c\ 


ARTICLES*  OF  SEPARATION. 

shall  be  free  from  taxation,  while  the  title  to  the  said  lands 
remains  in  the  Commonwealth;  and  the  rights  of  the  Common- 
wealth to  their  lands,  within  said  District,  and  the  remedies 
for  the  recovery  thereof,  shall  continue  the  same  within  the 
proposed  State,  and  in  the  courts  thereof,  as  they  now  are 
within  the  said  Commonwealth,  and  in  the  courts  thereof;  for 
which  purposes,  and  for  the  maintenance  of  its  rights,  and  re- 
covery of  its  lands,  the  said  Commonwealth  shall  be  entitled 
to  all  other  proper  and  legal  remedies,  and  may  appear  in  the 
courts  of  the  proposed  State,  and  in  the  courts  of  the  United 
States,  holden  therein,  and  prosecute  as  a  party,  under  the 
name  and  style  of  the  Commonwealth  of  Massachusetts ;  and 
all  rights  of  action  for,  or  entry  into  lands,  and  of  actions  upon 
bonds,  for  the  breach  of  the  performance  of  the  condition  of 
settling  duties,  so  called,  which  have  accrued,  or  may  accrue, 
shall  remain  in  this  Commonwealth,  to  be  enforced,  commuted, 
released,  or  otherwise  disposed  of,  in  such  manner  as  this  Com- 
monwealth may  hereafter  determine ;  provided,  however,  that 
whatever  this  Commonwealth  may  hereafter  receive  or  obtain 
on  account  thereof,  if  anything,  shall,  after  deducting  all  rea- 
sonable charges  relating  thereto,  be  divided,  one-third  part 
thereof,  to  the  new  State,  and  two-third  parts  thereof,  to  this 
Commonwealth. 

Second.  All  the  arms  which  have  been  received  by  this 
Commonwealth  from  the  United  States,  under  the  law  of  Con- 
gress, entitled  "  An  act  making  provision  for  arming  and  equip- 
ping the  whole  body  of  Militia  of  the  United  States,"  passed 
April  the  twenty-third,  one  thousand  eight  hundred  and  eight, 
shall,  as  soon  as  the  said  District  shall  become  a  separate 
State,  be  divided  between  the  two  States,  in  proportion  to  the 
returns  of  the  militia,  according  to  which,  the  said  arms  have 
been  received  from  the  United  States,  as  aforesaid. 

Third.  All  moneys,  stock,  or  other  proceeds,  hereafter 
obtained  from  the  United  States,  on  account  of  the  claim  of  this 
Commonwealth,  for  disbursements  made,  and  expenses  incurred, 
for  the  defence  of  the'  State,  during  the  late  war  with  Great 
Britain,  shall  be  received  by  this  Commonwealth,  and  when 
received,  shall  be  divided  between  the  two  States,  in  the  pro- 


ARTICLES  OF  SEPARATION. 

portion  of  two-thirds  to  this  Commonwealth  and  one-third  to 
the  new  State. 

Fourth.  All  other  property,  of  every  description,  belonging 
to  the  Commonwealth,  shall  be  holden  and  receivable  by  the 
same,  as  a  fund  and  security,  for  all  debts,  annuities,  and  Indian 
subsidies,  or  claims  due  by  said  Commonwealth  ;  and  within  two 
years  after  the  said  District  shall  have  become  a  separate 
State,  the  Commissioners  to  be  appointed,  as  hereinafter  pro- 
vided, if  the  said  States  cannot  otherwise  agree,  shall  as|ign 
a  just  portion  of  the  productive  property  so  held  by  said 
Commonwealth,  as  an  equivalent  and  indemnification  to  said 
Commonwealth,  for  all  such  debts  and  annuities,  or  Indian  sub- 
sidies or  claims,  which  may  then  remain  due  or  unsatisfied :  and. 
all  the  surplus  of  the  said  property,  so  holden,  as  aforesaid, 
shall  be  divided  between  the  said  Commonwealth  and  the  said. 
District  of  Maine,  in  the  proportion  of  two-thirds  to  the  said 
Commonwealth,  and  one-third  to  the  said  District.  And  if,  in 
the  judgment  of  the  said  Commissioners,  the  whole  of  said 
property,  so  held,  as  a  fund  and  security,  shall  not  be  sufficient 
indemnification,  the  said  District  shall  be  liable  for,  and  shall 
pay  to  said  Commonwealth,  one-third  of  the  deficiency. 

Fifth.  The  new  State  shall,  as  soon  as  the  necessary  ar- 
rangements can  be  made  for  that  purpose,  assume  and  perform 
all  the  duties  and  obligations  of  this  Commonwealth,  towards 
the  Indians  within  said  District  of  Maine,  whether  the  same 
arise  from  treaties,  or  otherwise  j  and  for  this  purpose,  shall 
obtain  the  assent  of  said  Indians,  and  their  release  to  this 
Commonwealth  of  claims  and  stipulations  arising  under  the 
treaty  at  present  existing  between  the  said  Commonwealth 
and  said  Indians ;  and  as  an  indemnification  to  such  new  State, 
therefor,  this  Commonwealth,  when  such  arrangements,  shall 
be  completed,  and.  the  said  duties  and  obligations  assumed, 
shall  pay  to  said  new  State,  the  value  of  thirty  thousand  dollars, 
in  manner  following,  viz :  The  said  Commissioners  shall  set  off 
by  metes  and  bounds,  so  much  of  any  part  of  the  land,  within 
the  said  District,  falling  to  this  Commonwealth,  in  the  division 
of  the  public  lands,  hereinafter  provided  for,  as  in  their  estima- 
tion shall  be  of  the  value  of  thirty  thousand  dollars ;  and  this 


ARTICLES  OF  SEPARATION. 

Commonwealth  shall,  thereupon,  assign  the  same  to  the  said 
new  State ;  or  In  lieu  thereof,  may  pay  the  sum  of  thirty  thou- 
sand dollars,  at  its  election ;  which  election  of  the  said  Com- 
monwealth, shall  be  made  within  one  year  from  the  time  that 
notice  of  the  doings  of  the  Commissioners,  on  this  subject,  shall 
be  made  known  to  the  Governor  and  Council;  and  if  not  made 
within  that  time,  the  election  shall  be  with  the  new  State. 

Sixth.  Commissioners,  with  the  powers  and  for  the  pur- 
poses mentioned  in  this  act,  shall  be  appointed  in  manner 
following :  The  Executive  authority  of  each  State  shall  appoint 
two  ;  and  the  four  so  appointed,  or  the  major  part  of  them,  shall 
appoint  two  more ;  but  if  they  cannot  agree  in  the  appointment, 
the  Executive  of  each  State  shall  appoint  one  in  addition ;  not, 
however,  in  that  case,  to  be  a  citizen  of  its  own  State.  And 
any  vacancy  happening  with  respect  to  these  two  Commission- 
ers,  shall  be  supplied  in  the  manner  provided  for  their  original 
appointment ;  and,  in  addition  to  the  powers  hereinbefore  given 
to  said  Commissioners,  they  shall  have  full  power  and  authority, 
•and  it  shall  be  their  duty,  within  ten  years,  next  after  the 
commissions  shall  be  filled  up,  to  divide  all  the  public  lands 
within  the  District,  between  the  respective  States,  in  equal 
shares,  or  moieties,  in  severalty,  having  regard  to  quantity, 
situation  and  quality ;  they  shall  determine  what  lands  shall  be 
surveyed  and  divided,  from  time  to  time ;  the  expense  of  which 
surveys  and  of  the  commission,  shall  be  borne  equally  by  the 
two  States.  They  shall  keep  fair  records  of  their  doings,  and 
of  the  surveys  made  by  their  direction  ;  copies  of  which  records, 
authenticated  by  them,  shall  be  deposited  from  time  to  time,  in 
the  archives  of  the  respective  States;  transcripts  of  which, 
properly  certified,  may  be  admitted  in  evidence,  in  all  ques- 
tions touching  the  subject  to  which  they  relate.  The  Executive 
authority  of  each  State  may  revoke  the  power  of  either  or  both 
its  Commissioners ;  having,  however,  first  appointed  a  substi- 
tute or  substitutes,  and  may  fill  any  vacancy  happening  with 
respect  to  its  own  Commissioners ;  four  of  said  Commissioners 
shall  constitute  a  quorum,  for  the  transaction  of  business;  their 
decision  shall  be  final,  upon  all  subjects  within  their  cognizance. 
In  case  said  commission  shall  expire,  the  division  not  having 


ARTICLES  OF  SEPARATION. 

been  completed,  and  either  State  shall  request  the  renewal  or 
filling  up  of  the  same,  it  shall  be  renewed,  or  filled  up  in  the 
same  manner  as  is  herein  provided  for  filling  the  same,  in  the 
first  instance,  and  with  the  like  powers ;  and  if  either  state 
shall,  after  six  months'  notice,  neglect  or  refuse  to  appoint  its 
Commissioners,  either  for  filling  the  commission  in  the  first 
instance,  or  the  renewal  thereof,  the  other  may  fill  up  the  whole 
commission. 

Seventh.  All  grants  of  land,  franchises,  immunities,  corpo- 
rate or  other  rights,  and  all  contracts  for,  or  grants  of  land  not 
yet  located,  which  have  been  or  may  be  made  by  the  said  Com- 
monwealth, before  the  separation  of  said  District  shall  take 
place,  having  or  to  have  effect  within  the  said  District,  shall 
continue  in  full  force,  after  the  said  District  shall  become  a 
separate  State.  But  the  grant  which  has  been  made  to  the 
President  and  Trustees  of  Bowdoin  College,  out  of  the  tax  laid 
upon  the  banks,  within  this  Commonwealth,  shall  be  charged 
upon  the  tax  upon  the  banks  within  the  said  District  of  Maine, 
and  paid  according  to  the  terms  of  said  grant ;  and  the  Presi- 
dent and  Trustees,  and  the  Overseers  of  said  College,  shall 
have,  hold  and  enjoy  their  powers  and  privileges  in  all  respects ; 
so  that  the  same  shall  not  be  subject  to  be  altered,  limited, 
annulled  or  restrained,  except  by  judicial  process,  according  to 
the  principles  of  law;  and  in  all  grants  hereafter  to  be  inade, 
by  either  State,  of  unlocated  land  within  the  said  District,  the 
same  reservations  shall  be  made  for  the  benefit  of  schools  and 
of  the  ministry,  as  have  heretofore  been  usual,  in  grants  made 
by  this  Commonwealth.  And  all  lands  heretofore  granted  by 
this  Commonwealth,  to  any  religious,  literary,  or  eleemosynary 
corporation,  or  society,  shall  be  free  from  taxation,  while  the 
same  continues  to  be  owned  by  such  corporation,  or  society. 

Eighth.  No  laws  shall  be  passed  in  the  proposed  State, 
with  regard  to  taxes,  actions  or  remedies  at  law,  or  bars,  or 
limitations  thereof,  or  otherwise  making  any  distinction  between 
the  lands  and  rights  of  property  of  proprietors,  not  residents 
in,  or  not  citizens  of  said  proposed  State,  and  the  lands  and 
rights  of  property  of  the  citizens  of  the  proposed  State,  resi- 
dent therein ;  and  the  rights  and  liabilities  of  all  persons,  shall, 


ARTICLES  OF  SEPARATION. 

after  the  said  separation,  continue  the  same  as  if  the  said  Dis- 
trict was  still  a  part  of  this  Commonwealth,  in  all  suits  pending, 
or  judgments  remaining  unsatisfied,  on  the  fifteenth  day  of 
March  next  where  the  suits  have  been  commenced  in  Massa- 
chusetts proper,  and  process  has  been  served  within  the  District 
of  Maine  j  or  commenced  in  the  District  of  Maine,  and  process 
has  been  served  in  Massachusetts  proper,  either  by  taking  bail, 
making  attachments,  arresting  and  detaining  persons,  or  other- 
wise, where  execution  remains  to  be  done  •  and  in  such  suits, 
the  courts  within  Massachusetts  proper,  and  within  the  proposed 
State,  shall  continue  to  have  the  same  jurisdiction  as  if  the  said 
District  still  remained  a  part  of  the  Commonwealth.  And  this 
Commonwealth  shall  have  the  same  remedies,  within  the  pro- 
posed State,  as  it  now  has,  for  the  collection  of  all  taxes,  bonds 
or  debts,  which  may  be  assessed,  due,  made,  or  contracted,  by, 
to,  or  with  the  Commonwealth,  on  or  before  the  said  fif- 
teenth day  of  March  within  the  said  District  of  Maine  j  and  all 
officers  within  Massachusetts  proper  and  the  District  of  Maine, 
shall  conduct  themselves  accordingly. 

Ninth.  These  terms  and  conditions,  as  here  set  forth,  when 
the  said  District  shall  become  a  separate  and  independent 
State,  shall,  ipso  facto,  be  incorporated  into,  and  become,  and 
be  a  part  of  any  constitution,  provisional,  or  other,  under  which 
the  government  of  the  said  proposed  State  shall,  at  any  time 
hereafter,  be  administered ;  subject,  however,  to  be  modified,  or 
annulled,  by  the  agreement  of  the  Legislature  of  both  the  said 
States ;  but  by  no  other  power  or  body  whatsoever. 

Sect.  2.  Be  it  further  enacted,  That  the  inhabitants  of  the 
several  towns,  districts,  and  plantations,  in  the  District  of 
Maine,  qualified  to  vote  for  Governor  or  Senators,  shall  assem- 
ble in  regular  meeting,  to  be  notified  by  warrants  of  the  proper 
officers,  on  the  fourth  Monday  of  July  next,  and  shall,  in  open 
meeting,  give  in  their  votes,  on  this  question :  "  Is  it  expedient, 
that  the  District  of  Maine  shall  become  a  separate  and  inde- 
pendent State,  upon  the  terms  and  conditions,  provided  in  an 
act,  entitled  "  An  act  relating  to  the  separation  of  the  District 
of  Maine  from  Massachusetts  proper,  and  forming  the  same 
into  a  separate  and  independent  State  ?"     And  the  selectmen 


ARTICLES  OF  SEPARATION.  9 

of  the  towns  and  districts,  and  the  assessors  of  the  plantations, 
shall,  in  open  meeting,  receive,  sort,  count  and  declare,  and  the 
clerks  thereof,  respectively,  shall  record  the  votes  given  for  and 
against  the  measure ;  and  the  said  selectmen,  assessors,  and 
clerks,  respectively,  shall  make  out  an  exact  return  thereof,  under 
their  hands  and  shall  seal  up  and  transmit  the  same  to  the  office 
of  the  Secretary  of  this  Commonwealth,  on  or  before  the  fourth 
Monday  of  August  next.  And  all  returns,  not  then  made,  shall 
be  rejected  in  the  counting;  and  the  Governor  and  Council 
shall  open  and  examine  the  said  returns,  made  as  aforesaid,  and 
shall  count  the  votes  given  on  the  said  question;  and  the 
Governor  shall,  by  public  proclamation,  to  be  made  as  soon  as 
the  state  of  the  vote  can  be  ascertained,  after  the  said  fourth 
Monday  of  August  next,  make  known  the  result,  by  declaring 
the  number  of  votes  appearing  in  favor  of  the  separation  of 
said  District,  as  aforesaid,  and  the  number  of  votes  appearing 
against  it.  And,  if  the  number  of  votes  for  the  measure  shall 
exceed  the  number  of  votes  against  it,  by  fifteen  hundred,  then, 
and  not  otherwise,  the  people  of  said  District  shall  be  deemed 
to  have  expressed  their  consent  and  agreement,  that  the  said 
District  shall  become  a  separate  and  independent  State,  upon  the 
terms  and  conditions  above  stated ;  and  in  case  of  such  majority, 
the  Governor,  in  his  said  proclamation,  shall  call  upon  the 
people  of  said  District  to  choose  delegates  to  meet  in  conven- 
tion for  the  purposes,  and,  in  the  manner  hereinafter  provided ; 
and,  in  addition  to  publishing  said  proclamation,  in  one  or  more 
of  the  public  newspapers  printed  in  Boston,  and  in  the  District 
of  Maine,  copies  of  the  same,  duly  authenticated,  shall,  as  soon 
as  can  conveniently  be  done,  after  the  making  of  the  same,  be 
transmitted  to  the  office  of  the  clerks  of  the  courts  of  Common 
Pleas,  in  the  several  counties  of  the  District  of  Maine,  for  pub- 
lic examination ;  and  one  such  copy,  at  least,  shall  be  trans- 
mitted to  the  convention  of  delegates,  hereinafter  mentioned, 
when  said  convention  shall  be  formed. 

Sect.  3.  Be  it  further  enacted,  That  if  it  shall  be  declared 
by  said  proclamation,  that  the  said  majority  of  fifteen  hundred 
votes  appeared  by  the  said  returns  to  be  in  favor  of  the  separa- 
tion of  the  said  District  as  aforesaid ;  the  inhabitants  of  the 


10  ARTICLES  OF  SEPARATION. 

several  towns  and  districts,,  now  entitled  to  send  one  or  more 
Representatives  to  the  General  Court,  and  all  other  incorporated 
towns,  shall,  on  the  third  Monday  of  September  next,  assemble 
in  town  meeting*  to  be  notified  by  Warrant  of  the  selectmen, 
and  shall  elect  one  or  more  delegates  (not  exceeding  the  num- 
ber of  representatives  which  such  town  is  now  entitled  to  ;  each 
town,  however,  to  be  at  liberty  to  elect  at  least  one,)  to  meet 
delegates  from  other  towns  within  the  said  District,  in  conven- 
tion, for  the  purpose  of  forming  a  constitution,  or  frame  of 
government,  for  the  said  District.  And  at  such  meeting  of  the 
said  inhabitants,  every  person  qualified  to  vote  for  Senators, 
shall  have  a  right  to  vote  in  the  choice  of  delegates.  And  the 
selectmen  shall  preside,  at  such  meeting,  and  shall  in  open 
meeting,  receive,  sort,  count  and  declare  the  votes,  and  the  clerk 
shall  make  a  record  thereof,  in  presence  of  the  selectmen,  and 
in  open  meeting.  And  fair  copies  of  the  said  records  shall  be 
attested  by  the  selectmen  and  town  clerk,  and  one  such  copy 
shall  be  delivered  by  the  selectmen  to  each  of  the  persons  duly 
elected  a  delegate-. 

Sect.  4.  Be  it  further  enacted,  That  the  persons  so  elected 
delegates,  shall  meet  in  convention,  at  the  Court  House,  in 
Portland,  in  the  County  of  Cumberland,  on  the  second  Monday 
of  October  next,  and  they  shall  be  the  judges  of  the  returns 
and  election  of  their  own  members,  and  may  adjourn  from  time 
to  time,  and  sixty  of  the  persons  elected  shall  constitute  a 
quorum  for  the  transaction  of  business;  and  the  said  delegates 
shall,  as  soon  as  may  be,  proceed  to  organize  themselves,  in 
convention,  by  choosing  a  President,  and  such  other  officers  as 
they  may  judge  expedient,  and  establishing  proper  rules  of  pro- 
ceedings ;  and  it  shall  be  the  duty  of  the  said  convention,  to 
apply  to  the  Congress  of  the  United  States  for  its  assent  to  be 
given,  before  the  last  day  of  January  next,  that  the  said  District 
should  be  admitted  into  the  Union,  as  a  separate  and  indepen- 
dent State.  And  it  shall  also  be  the  duty  of  the  said  conven- 
tion, to  form  a  constitution,  or  frame  of  government,  for  said 
new  State,  and  to  determine  the  style  and  title  of  the  same; 
and  such  constitution,  when  adopted,  and  ratified  by  the  people 
of  said  District,  in  the  manner  hereinafter  mentioned,  shall,  from 


ARTICLES  OF  SEPARATION,  \\ 

and  after  the  fifteenth  day  of  March,  in  the  year  of  our  Lord, 
one  thousand  eight  hundred  and  twenty,  (the  consent  of  the 
Congress  of  the  United  States,  then  being  first  had,  as  afore- 
said,) be  the  constitution   of  said  new  State*     And  the  said 
convention  shall,  as  soon  as  may  be,  after  having  formed  such 
constitution,  or  frame  of  government,  for  such  new  State,  cause 
the  same  to  be  published,  and  sent   to   the  several  towns,  dis* 
tricts,  and  plantations,  within  the  said  District  of  Maine ;  and 
there  shall  be  a  meeting  of  the  inhabitants,  in   each  of  said 
towns,  districts,  and  plantations,  to  be  called  and  warned  by  the 
selectmen,  and  assessors  respectively,  in  due  course  of  law;  and 
on  the  day  named  by  said  convention,  at  which  meeting,  every 
male  inhabitant,  having  the  personal  qualifications,  herein  de- 
clared requisite  in  the  election  of  delegates  to  said  convention, 
shall  have  a  right  to  vote ;  and  the  people  s-o  assembled,  shall 
give  in  their  votes  in  writing,  expressing  their  approbation  or 
disapprobation  of  the  constitution  so  prepared,  and  proposed  by 
said  convention.     And  the  selectmen  of  the  several  towns,  and 
the  assessors  of  the  several  districts,  and  plantations  respect- 
ively, shall  preside  at  such  meetings,  and  shall  receive  the  votes 
of  all  the  inhabitants,  duly  qualified  as  aforesaid,  and  shall  sort 
and  count  them  in  open  meeting  of  the  town,  district,  or  planta- 
tion ;  and  the  same   shall  be  then  and  there  recorded  in  the 
books  of  the  town,  district,  or  plantation ;  and  a  fair  copy  of 
such  record  shall  be  attested  by  the   selectmen  or  assessors/ 
and  the  clerk  of  the  town,  district,  or  plantation,  respectively, 
and  shall  be,  by  the  said  selectmen  or  assessors,  transmitted  and 
delivered  to  the  said  convention,  or  to  the  President  thereof, 
for  the  time  being,  or  to  any  committee  appointed  to  receive 
the  same,  on  or  before  the  first  day  of  January  next;  on  which 
day,  or  within  ten  days  thereafter,  the  said  convention  shall  be 
in  session,  and  shall  receive  and  count  all  the  votes  returned, 
and   declare  and  publish  the   result ;  and  if  a  majority  of  the 
votes  so  returned,  shall  be  in  favor  of  the  constitution  pro- 
posed, as  aforesaid,  the  said  constitution  shall  go  into  operation, 
according  to  its  own  provisions ;  otherwise  the  constitution  of 
Massachusetts,  with  the  addition  of  the  terms  and  conditions 
herein  provided,  shall  be,  and  be  considered  as  the  constitution 


]  2  ARTICLES  OF  SEPARATION. 

of  the  said  proposed  State,  in  manner  as  hereafter  provided.  And 
to  the  end,  that  no  period  of  anarchy  may  happen  to  the  people 
of  said  proposed  State,  in  case  a  new  constitution  shall  not  be 
so  adopted  and  ratified  by  the  people  of  said  District  of  Maine, 
the  present  constitution  of  the  Commonwealth  of  Massachu- 
setts, shall,  with  the  terms  and  conditions  aforesaid,  and  with 
the  exception  hereinafter  made,  be  provisionally,  the  constitu- 
tion or  frame  of  government,  for  said  District;  except  only  such 
parts  of  said  constitution  of  Massachusetts,  as  relate  to  the 
style  or  title  of  said  State,  or  may  be  otherwise  inconsistent  with, 
or  repugnant  to  the  situation  and  condition  of  said  new  State ; 
and  except,  that  the  people  of  said  District  shall  choose  in  their 
senatorial  districts,  as  now  established,  three  times  the  number 
of  Senators  now  allowed  them,  and  that  the  Legislature  shall 
choose  such  a  number  of  councilors,  not  exceeding  nine,  as 
they  shall  determine  to  be  proper.  And  the  said  convention 
shall  designate  the  place  for  the  first  meeting  of  the  Legislature 
of  said  new  State,  and  for  the  organization  of  its  government, 
and  shall  appoint  a  Secretary,  pro  tempore,  for  said  new  State  j 
and  the  said  convention  shall  regulate  the  pay  of  its  members  ; 
and  the  person,  authorized  by  said  convention,  may  draw  upon 
the  treasury  of  the  Commonwealth  for  the  amount  of  the  money 
paid  into  the  treasury  by  the  several  banks  within  said  Dis- 
trict, for  the  tax  upon  the  same,  due  and  payable  on  the  first 
Monday  of  October  next ;  and  the  sum  or  sums  so  drawn  for, 
and  paid  out  of  the  treasury,  shall  be  a  charge  upon  the  new 
State  in  the  division  of  the  property,  provided  for  in  the  fourth 
article  of  the  terms  and  conditions  stated  in  the  first  section 
of  this  act. 

Sect.  5.  Be  it  farther  enacted,  That  until  a  Governor  of 
the  proposed  State  shall  be  chosen  and  qualified  according  to 
the  constitution  which  may  be  in  operation  in  said  State,  the 
person  last  chosen  President  of  the  said  convention,  shall,  from 
and  after  the  fifteenth  day  of  March  next,  have  all  the  power  of 
the  Governor  and  Council  under  the  constitution  of  Massachu- 
setts, until  a  new  Governor  shall  be  chosen  and  qualified  in  the 
said  proposed  State ;  excepting  only,  that  the  said  President 
shall  not  have  the  power  to  remove  from  office  any  officer  who 


ARTICLES  OF  SEPARATION.  13 

may  be  duly  qualified,  and  executing  the  duties  of  his  office 
according  to  the  intent  and  meaning  of  this  act.  And  in  order 
that  there  may  be  no  failure  of  justice,  and  that  no  danger  may 
arise  to  the  people  of  the  said  District  of  Maine,  after  the  fif- 
teenth day  of  March  next,  and  before  the  government  of  the 
said  State  shall  be  fully  organized ;  therefore, 

Sect.  6.  Be  it  further  enacted,  That  all  the  laws  which 
shall  be  in  force  within  the  said  District  of  Maine,  upon  the 
said  fifteenth  day  of  March  next,  shall  still  remain,  and  be  in  force, 
within  the  said  proposed  State,  until  altered  or  repealed  by  the 
government  thereof,  such  parts  only  excepted  as  may  be  incon- 
sistent with  the  situation  and  condition  of  said  new  State,  or 
repugnant  to  the  constitution  thereof.  And  all  officers,  who 
shall,  on  the  said  fifteenth  day  of  March  next,  hold  commissions, 
or  exercise  any  authority  within  the  said  District  of  Maine, 
under  the  Commonwealth  of  Massachusetts,  or  by  virtue  of  the 
laws  thereof,  excepting  only,  the  Governor,  Lieutenant  Governor 
and  Council,  the  members  of  the  Legislature,  and  the  Justices 
of  the  Supreme  Judicial  Court  of  the  said  Commonwealth  of 
Massachusetts,  shall  continue  to  have,  hold,  use,  exercise  and 
enjoy,  all  the  powers  and  authority  to  them  respectively  granted 
or  committed,  until  other  persons  shall  be  appointed  in  their 
stead,  or  until  their  respective  offices  shall  be  annulled  by  the 
government  of  said  proposed  State.  And  all  courts  of  law, 
whatsoever,  within  the  said  proposed  State,  excepting  only  the 
Supreme  Judicial  Court,  shall  proceed  to  hear  and  determine 
all  causes,  matters  and  things,  which  are  or  may  be  commenced 
or  depending  before  them,  respectively,  upon  the  said  fifteenth 
day  of  March  next,  or  at  any  time  afterwards,  and  before  the 
government  of  the  said  proposed  State  shall  establish  new 
courts  within  the  same;  and  shall  continue  from  and  after  the 
said  fifteenth  day  of  March  next,  to  exercise  the  like  power  and 
authority,  and  in  like  manner  as  they  now  by  law  may  do, 
until  such  new  courts  shall  be  so  established,  in  their  stead. 

Sect.  7.  Be  it  further  enacted,  That  all  actions,  suits,  and 
causes,  civil  and  criminal,  and  all  matters  and  things  whatso- 
ever, that  shall,  on  the  said  fifteenth  day  of  March  next,  be  in 
any  manner  depending  in  the  Supreme  Judicial  Court  of  the  said 


14  ARTICLES  OF  SEPARATION. 

Commonwealth  of  Massachusetts,  then  last  holden  within  any 
county  in  the  said  District  of  Maine,  and  all  writs,  recogni- 
zances   and    other  processes    whatsoever,  that   may  then  be 
returnable  to  the  said  Supreme  Judicial  Court,  shall  be  respect- 
ively transferred,  and  returned  to,  have  day  in,  and  be  heard, 
tried,  and  determined  in  the  highest  court  of  law  that  shall  be 
established  in  the  said  new  State,  by  the  government  thereof; 
and  at  the  first  term  of  such  court,  that  shall  be  held  within  the 
county  in  which  such  action,  writ,  process,  or  other  matter  or 
thing,  may  be  so  pending  or  returnable.     And  in  all  cases  of 
appeals  from  any  Circuit  Court  of  Common  Pleas,  or  Probate, 
or  other  court,  which  shall  be  made  after  the  said  fifteenth  day 
of  March  next,  in  any  action,  cause,  or  suit  whatsoever,  and 
which  would  by  law  be  made  to  the  said  Supreme  Judicial 
[Court]  thereof,  it  shall  ha  sufficient  for  the  appellant  to  claim 
an  appeal,  without  naming  or  designating  the  court  appealed 
to ;  and  such  appeal  shall  be  entered  at  the  Supreme  or  Superior 
Judicial  Court,  or  highest  court  of  law,  to  be  established  by  the 
government  of  the  said  new  State,  which  shall  first  thereafter 
be  held  within  or  for  the  county  in  which  such  action,  cause,  or 
suit,  may  be  pending,  and  shall  there  be  heard,  tried,  and  deter- 
mined,  according  to   law.     Provided,   however,    That   nothing 
contained  in  this  section  shall  be  understood  or  construed  to 
control,  in  any  degree,  the  right  of  the  people  of  the  said  new 
State,  or  the  government  thereof,  to  establish  judicial  courts, 
in  such  manner,  and  with  such  authority  as  they  shall  see  fit  ; 
nor   to  prevent   the   said   people   or  their   government   from 
making  any  other  provisions,  pursuant   to  their   constitution, 
and  not  repugnant  to  the  terms  and  conditions  above  set  forth, 
respecting  all  the  said  actions,  suits,  processes,  matters  and 
things,  herein  above  mentioned,  as  they  shall  think  most  proper, 
to  prevent  the   discontinuance  thereof;  and  to  avoid  any  delay 
or  failure  of  justice. 

[Approved  by  the  Governor,  June  19th,  18 1  9.] 


COMMONWEALTH  OF  MASSACHUSETTS. 


The  Committee  of  Council  appointed  to  examine  the  returns 
of  the  votes  from  the  several  towns  and  plantations  in  the 
District  of  Maine,  relative  to  the  separation  of  that  District 
from  Massachusetts  proper,  and  to  report  thereon ;  respectfully 
state,  that  they  have  attended  to  that  service,  and  find  the 


following;  result,  viz : 

Counties. 

"Whole  number. 

For  separation. 

Against  separation. 

Cumberland, 

4,709 

3,315 

1,394 

Hancock, 

1,581 

820 

761 

Kennebec, 

4,591 

3,950 

641 

Lincoln, 

4,057 

2,523 

1,534 

York, 

3,732 

2,086 

1,646 

Oxford, 

2,443 

1,893 

550 

Penobscot, 

815 

584 

231 

Washington, 

618 

480 

138 

Somerset, 

1,677 

1,440 

237 

Total,  24,223  17,091  7,132 

They  therefore  ask  leave  to  report,  that  the  whole  number  of 
votes,  legally  returned,  are  twenty-four  thousand  two  hundred 
and  twenty-three ;  of  which  seventeen  thousand  and  ninety-one 
are  in  favor  of  separation  ;  and  seven  thousand  one  hundred  and 
thirty -two  against  it  ;  making  the  majority  in  favor  of  separa- 
tion nine  thousand  nine  hundred  and  fifty -nine. 

The  committee  further  report,  that  they  have  rejected  only 
one  return,  which  stated  that  there  were  ninety-one  votes  in 
favor  of  separation  and  none  against  it;  but  neither  the  name 
of  the  town  or  county  appeared  on  the  face  of  the  return, 
though  by  a  writing  on  the  outside,  unsigned,  it  wras  stated  to 
be  from  Newport,  in  the  County  of  Penobscot;  and  there  were 
no  returns  from  the  following  towns  and  plantations :  In  Ken- 
nebec County,  from  Temple — in  Cumberland,  from  Thompson 


16  REPORT  OF  COUNCIL. 

pond  plantation — in  Hancock,  from  Sullivan,  and  from  Maria- 
ville  plantation — in  Somerset,  from  Moscow  and  from  Sebasti- 
cook  plantation — from  Snake  Root  Hill  plantation — from  plan- 
tations No.  3,  west  of  Kennebec  River,  and  No.  3,  east  of  said 
River — in  Penobscot,  from  plantation  No.  3,  6th  Range,  Wil- 
liamsbnrgh  plantation,  and  plantation  No.  4,  2d  Range — in 
York,  from  Arundel  and  Limerick — in  Oxford,  from  plantation 
No.  4,  from  Brackley's  grant,  and  Lunt's  grant — in  Washington, 
from  Addison,  Cobb's  Cook  or  plantation  No.  9,  and  Little 
Machias  or  plantation  No.  11. 

All  which  is  respectfully  submitted. 

BENJA.  PICKMAN,  Per   Order. 
Council  Chamber,  August  24,  1819. 


In  Council,  August  24th,  1819. 

This  Report  is  accepted. 

A.  BRADFORD,  Sec'y  of  Commonwealth. 
Copy.     Examined  by 

ALDEN  BRADFORD,  Secy  of  Commonwealth. 


PROCLAMATION 


COMMONWEALTH  OF  MASSACHUSETTS. 

By  His  Excellency  John  Brooks, 

Governor  of  the  Commonwealth  of  Massachusetts: 
A  PROCLAMATION. 

Whereas  by  an  act  of  the  Legislature  of  this  Commonwealth 
passed  on  the  nineteenth  day  of  June  last,  entitled  "An  act  re- 
lating to  the  separation  of  the  District  of  Maine  from  Massachu- 
setts proper,  and  forming  the  same  into  a  separate  and  indepen- 
dent State  "  it  is  among  other  things  provided,  that  the  inhabi- 
tants of  the  several  towns,  districts  and  plantations,  in  the 
District  of  Maine,  qualified  to  vote  for  Governor  or  Senators, 
should  assemble  in  regular  meeting  to  be  notified  by  warrants 
of  the  proper  officers,  on  the  fourth  Monday  of  July  then  next, 
and  in  open  meeting  give  in  their  votes  on  this  question, 

'•  Is  it  expedient  that  the  District  of  Maine  shall  become  a 
separate  and  independent  State  upon  the  terms  and  conditions 
provided  in  the  act  aforesaid  ?;' 

And  whereas  provision  is  made  by  said  act  for  the  return 
of  the  votes  so  given,  both  for  and  against  the  measure,  into 
the  office  of  the  Secretary  of  this  Commonwealth,  on  or  before 
the  fourth  Monday  of  August  then  next  and  for  the  opening, 
examining  and  counting  of  said  votes  by  the  Governor  and 
Council ; 

And  whereas  it  is  further  provided  in  said  act,  that  as  soon 
after  the  said  fourth  Monday  of  August  as  the  state  of  said 
rotes  could  be  ascertained,  the  Governor  should,  by  public 
proclamation,  make  known  the  result  by  declaring  the  number 
of  votes  appearing  in  favor  of  the  separation  of  said  District 
as  aforesaid,  and  the  number  of  votes  appearing  against  it;  and 
in  case  the  number  of  votes  for  the  measure  should  exceed  the 
number  of  votes  against  it  by  fifteen  hundred,  that  the  Gover- 
nor should  in  his  said  proclamation,  call  upon  the  people  of  said 
2 


GOVERNOR  BROOKS'  PROCLAMATION. 

District  to   choose   delegates   to  meet  in  convention  for  the 
purposes  expressed  and  in  the  manner  prescribed  in  said  Act, 

Now  therefore  I,  John  Brooks,  Governor  of  the  Common- 
wealth of  Massachusetts,  do  hereby  declare  and  make  known, 
to  all  whom  it  may  concern,  that  upon  a  careful  examination 
in  manner  aforesaid,  of  all  the  votes  for  and  against  said  meas- 
ure, duly  and  legally  returned  into  the  Secretary's  [Office]  con- 
formably to  said  Act,  it  appears,  that  the  whole  number  of  votes 
given  in  favor  of  the  separation  of  said  District  as  aforesaid 
was  seventeen  thousand  and  ninety-one,  and  that  the  whole 
number  of  votes  against  it  was  seven  thousand  one  hundred 
and  thirty-two. 

And  inasmuch  as  the  number  of  votes  for  said  measure  ex- 
ceeds the  number  of  votes  against  it  by  fifteen  hundred  and 
upwards,  I  do  hereby,  by  virtue  of  the  authority  given  and  pur- 
suant to  the  requisitions  contained  in  said  Act,  call  upon  the 
inhabitants  of  the  several  towns  and  districts  now  entitled  to 
send  one  or  more  representatives  to  the  General  Court,  and  all 
other  incorporated  towns  in  said  District  of  Maine,  to  assemble 
in  town  meeting  in  their  respective  towns  on  the  third  Monday 
of  September  next,  to  be  notified  by  warrant  of  the  selectmen 
and  elect  one  or  more  delegates  not  exceeding  the  number  of 
representatives  which  such  town  is  now  entitled  to,  (each  town, 
however,  to  be  at  liberty  to  elect  one,)  to  meet  delegates  from 
other  towns  within  the  said  District,  in  convention,  at  the  Court 
House  in  Portland,  in  the  County  of  Cumberland,  on  the  second 
Monday  of  October  next,  for  the  purpose  of  forming  a  constitu- 
tion or  frame  of  government  for  the  said  District,  and  for  other 
purposes  expressed  in  said  Act. 

Given  under  my  hand  and  the  seal  of  the  Commonwealth 
at  Boston,  this  twenty-fourth  day  of  August  A.  D. 
[L.  S.]  eighteen  hundred  and  nineteen ;  and  in  the  forty- 

fourth   year  of  the  independence   of  the   United 
States  of  America. 

JOHN  BROOKS. 
By  His  Excellency  the  Governor : 

ALDEN  BRADFORD,  Sec'y  of  the  Commonwealth. 

Copy.     Examined  by 

ALDEN  BRADFORD;  Sec'y  of  the  Commonwealth. 


CONSTITUTIONAL  CONVENTION. 


DISTRICT    OF    MAINE 


PORTLAND,  ) 

Monday,  October  11,  1819.  J 

Agreeably  to  the  provisions  of  the  act  of  the  Legislature  of 
the  Commonwealth  of  Massachusetts  passed  June  19,  1819; 
entitled  "An  act  relating  to  the  separation  of  the  District  of 
Maine  from  Massachusetts  proper,  and  forming  the  same  into  a 
separate  anck  independent  State,"  the  delegates  therein  men- 
tioned assembled  at  the  Court  House  in  Portland,  when  the 
Honorable  Daniel  Cony  was  by  vote  unanimously  requested  to 
act  as  Chairman,  who  after  addressing  the  delegates  took  the 
Chair. 

On  motion,  Voted,  That  a  committee  of  five  be  appointed 
to  examine  the  credentials  of  members,  when  the  Hon.  John 
Holmes,  Hon  Albion  K.  Parris,  Hon.  Joshua  Gage,  Hon.  Judah 
Dana,  and  William  Abbott,  Esquire,  were  appointed  said  com- 
mittee. 

On  motion,  Voted  unanimously,  That  a  Reverend  member 
present  be  requested  to  offer  prayers  previous  to  proceeding 
to  organize  the  convention,  whereupon  the  Rev.  Mr.  Titcomb, 
of  Brunswick,  at  the  request  of  the  Chairman,  performed  that 
duty. 

The  committee  appointed  to  examine  the  credentials  of  the 
several  members  returned  to  this  convention,  made  a  report, 
by  which  it  appeared,  that  there  were  two  hundred  and  seventy- 
four  members  then  present,  which  were  legally  returned,  which 


20  CONSTITUTIONAL  CONVENTION. 

report  being  read  with  the  names  of  the  members  so  returned^ 
was  accepted. 

Voted,  That  a  committee  be  appointed  to  collect,  sort,  and 
count,  the  votes  for  President — whereupon  the  Hon.  Benjamin 
Greene,  Hon.  Ezekiel  Whitman,  Hon.  James  Bridge,  Hon.  Ben- 
jamin Ames  and  the  Hon.  James  Campbell,  were  appointed,— 
the  same  committee,  proceeded  and  made  report,  that  they  had 
performed  the  duties  assigned,  and  find  the  whole  number  of 
votes  to  be  two  hundred  and  forty-one,  of  which,  the  Hon. 
William  King  has  two  hundred  and  thirty  votes — which  report 
was  received  and  read  from  the  chair,  and  the  Hon.  gen- 
tleman was  declared  to  be  duly  elected ;  whereupon  he  was 
conducted  to  the  Chair,  and  made  his  acknowledgments  to  the 
convention.  The  convention  then  proceeded  to  the  choice  of  a 
Secretary,  by  ballot ;  and  the  votes  being  taken,  it  appeared 
that  the  whole  number  of  votes  given  were  two  hundred  and 
forty-three — necessary  to  a  choice,  one  hundred  and  twenty- 
two  ;  and  no  person  appearing  to  have  that  number,  the  conven- 
tion proceeded  to  a  second  ballot,  when  it  appeared  that  the 
whole  number  of  votes  given  in  were  two  hundred  and  fifty- 
seven — necessary  to  make  a  choice,  one  hundred  and  twenty -nine ; 
Robert  C.  Vose,  Esq.,  had  one  hundred  and  sixty-six  votes,  and 
was  chosen — who  accepted  of  the  choice. 

DANIEL  CONY,  Chairman. 

Resolved,  That  a  Sergeant-at-Arms  be  appointed  by  the 
President,  whose  duty  it  shall  be  to  execute  the  orders  of  the 
convention  and  to  assist  the  President  in  the  preservation  of 
order,  and  he  shall  employ  a  doorkeeper,  and  such  assistance 
as  may  be  necessary ;  in  pursuance  of  the  above  resolution,  the 
President  appointed  Mr.  William  B.  Peters,  of  Portland,  to  be 
Sergeant-at-Arms. 

Resolved,  That  a  committee  consisting  of  three  members  be 
appointed  to  prepare  and  report  proper  rules  of  proceeding 
for  this  convention.  The  Hon.  George  Thatcher,  Hon.  Benja- 
min Greene  and  the  Hon.  James  Campbell,  were  appointed  on 
the  said  committee. 


MONDAY,  OCTOBER  11.  21 

Resolved,  That  the  several  ordained  and  settled  clergymen 
of  the  town  of  Portland  be  requested  by  the  Sergeant-at-Arms; 
in  behalf  of  this  convention,  from  day  to  day  in  succession, 
according  to  seniority,  to  attend  and  perform  the  duties  of 
chaplain  to  this  convention. 

Resolved,  That  the  President  assign  to  any  editor  of  any 
public  newspaper,  or  the  agent  of  any  such  editor,  who  may 
apply  for  it,  a  convenient  situation  for  the  purpose  of  taking 
notes  of  the  proceedings  of  the  convention. 

Resolved,  That  a  Committee  of  Election  be  appointed,  con- 
sisting of  five  members. 

Voted,  That  when  the  convention  do  adjourn,  that  it  adjourn 
to  meet  in  the  meeting-house  of  the  First  Parish  in  Portland 
which  had  been  previously  prepared  for  the  use  of  the  conven- 
tion. 

Adjourned  to  9  o'clock  to-morrow  morning. 


22  CONSTITtJTIONAL  CONVENTION. 


TUESDAY,  October  12,  1819. 
Met  according  to  adjournment. 

The  committee  appointed  to  prepare  rules  and  orders  having 
attended  to  the  duty  assigned  them,  made  a  report  which  was 
read  and  accepted  as  amended,  and  ordered  to  be  printed  with 
a  list  of  the  members  and  the  general  committees  which  have 
been  appointed. 

Ordered,  That  the  wall  pews  on  the  southeast  side  of  the 
meetinghouse  be  appropriated  for  the  use  of  such  spectators 
as  may  be  invited  to  &  seat  by  any  of  the  members  of  this  con- 
vention. 

The  following  resolutions  submitted  by  the  Hon.  Mr.  Parris, 
were  taken  up  and  accepted  as  amended : 

Resolved,  That  a  committee  consisting  of  thirty-three  mem- 
bers, be  appointed  to  prepare  and  report  to  this  convention,  a 
constitution  or  frame  of  government  for  the  new  State,  agreea- 
bly to  the  fourth  section  of  the  act  of  the  Legislature  of  the 
Commonwealth  of  Massachusetts,  passed  June  19th,  1819,  enti- 
tled "An  act  relating  to  the  separation  of  the  District  of  Maine 
from  Massachusetts  proper,  and  forming  the  same  into  a  sepa- 
rate and  independent  State." 

Ordered,  That  said  committee  be  selected  in  manner  follow- 
ing, viz:  From  the  counties  of  York,  Cumberland,  Lincoln  and 
Kennebec,  five  each;  from  the  counties  of  Oxford,  Somerset 
and  Hancock,  three  each ;  and  from  the  counties  of  Penobscot 
and  Washington,  two  each. 

Resolved,  That  a  committee  consisting  of  five  members,  be 
appointed  to  prepare  and  report  to  this  convention  an  applica- 
tion to  the  Congress  of  the  United  States,  for  its  assent  to  be 
given  before  the  last  day  of  January  next,  that  the  District  of 
Maine  be  admitted  into  the  Union  as  a  separate  and  independ- 
ent State. 


TUESDAY,  OCTOBER  12.  23 

Resolved,  That  the  foregoing  committees  be  nominated  by 
the  President  and  appointed  by  the  convention. 

Resolved,  That  a  committee  of  nine  members  be  appointed 
to  consider  and  report  to  this  convention  a  proper  style  and 
title  for  the  new  State. 

Resolved,  That  the  Secretary  be  authorized  to  appoint  As- 
sistants or  Clerks  to  assist  him  in  the  duties  of  his  office. 

Voted,  That  when  the  convention  do  adjourn,  it  be  until  4 
o'clock  this  afternoon.     Adjourned. 

AFTERNOON. 

Met.  Several  packages,  addressed  to  the  convention,  purport- 
ing to  be  from  the  Secretary's  Office  of  the  Commonwealth  of 
Massachusetts,  were  received  and  ordered  to  lie  upon  the  table. 

Ordered,  That  the  returns  of  the  several  members  to  this 
convention,  be  committed  to  the  Committee  on  Elections,  and 
the  remonstrance  of  Nathan  Shaw  and  others,  against  the  elec- 
tion of  Samuel  Davis,  to  the  same  committee. 

Ordered,  That  the  Sergeant-at-Arms  be  directed  to  provide 
a  suitable  room  for  the  accommodation  of  the  committee  on  the 
subject  of  framing  the  constitution. 

The  President  appointed  the  following  committee  on  the 
constitution  of  the  new  State : 

YORK. 
Hon.  Mr.  Holmes  of  Alfred;  Mr.  Dane  of  Wells;  Hon.  Mr. 
Moody  of  Saco;  Hon.  Mr.  Rice  of  Kittery;  Mr.  Marston  of 
Parsonsfield. 

CUMBERLAND. 
Hon.  Judge  Parris,  Hon.  Mr.  Whitman  of  Portland;  Hon.  Mr. 
Lewis  of  Gorham ;  Mr.  Foxcroft  of  New  Gloucester ;  Hon.  Mr. 
Page  of  Brunswick. 

LINCOLN. 
Gen.  Wingate  of  Bath;    Mr.  Dole  of  Alna;  Mr.  Head  of 
Waldoboro' ;  Mr.  Rose  of  Boothbay ;  Mr.  Neal  of  Litchfield. 
KENNEBEC. 
Hon.  Mr.  Chandler  of  Monmouth  ;  Judge  Bridge  of  Augusta  : 


24  CONSTITUTIONAL  CONVENTION. 

Rev.  Mr.  Francis   of  Leeds;  Mr.  Redington  of  Vassalboro'; 
Gen.  Wellington  of  Fairfax. 

HANCOCK. 
Mr.  Johnson  of  Belfast;  Rev.  Mr.  Hall  of  Frankfort;  Mr. 
Johnson  of  Jackson. 

OXFORD. 
Hon.  Judge  Dana  of  Fryeburg ;  Rev.  Mr.  Hooper  of  Paris ; 
Gen.  Turner  of  Turner. 

SOMERSET. 
Gen.  Kendall  of  Fairfield;  Mr.  Allen  of  Norridgewock ;  Mr. 
Baldwin  of  Mercer. 

PENOBSCOT. 
Major  Treat  of  Bangor;  Mr.  Wilkins  of  Orrington. 

WASHINGTON. 
Hon.  Mr.  Campbell  of  Harrington  ;  Mr.  Dickinson  of  Machias. 

COMMITTEE  ON  THE  STYLE  AND  TITLE  OF  THE  NEW  STATE. 

Mr.  Preble  of  Portland ;  Mr.  Allen  of  Sanford ;  Mr.  Wood 
of  Wiscasset;  Mr.  Cutler  of  Farmington;  Mr.  Stetson  of  Hamp- 
den; Mr.  Abbot  of  Castine ;  Mr.  Chandler  of  Parris ;  Mr. 
French  of  St.  Albans;  and  Mr.  Yance  of  Calais. 

COMMITTEE  ON  ELECTIONS. 

Hon.  Judge  Thatcher  of  Biddeford ;  Mr.  Emery  of  Portland ; 
Mr.  Burnham  of  Unity;  Mr.  Vergin  of  Rumford;  Mr.  Dearborn 
of  Hallowell. 

COMMITTEE  TO  MAKE  APPLICATION  TO  CONGRESS. 

Hon.  Judge  Greene  of  South  Berwick;  Hon.  Judge  Cony  of 
Augusta;  Hon.  Judge  Ames  of  Bath;  Mr.  Jarvis  of  Surry; 
Hon.  Mr.  Clapp  of  Portland. 

Resolved,  That  a  committee  of  three  members  be  appointed 
on  leave  of  absence  of  members.  Mr.  Moody  of  Hallowell,  Mr. 
Herrick  of  Bowdoinham,  and  Mr.  Wood  of  Lebanon,  were  ap- 
pointed said  committee. 

Resolved,  That  a  committee  of  three  members  be  appointed 
on  the  pay  roll.  Gen.  Irish  of  Gorham,  Mr.  Thatcher  of  Saco, 
and  Col.  Reed  of  Waldoboro',  were  appointed  said  committee. 

Voted,  That  when  the  convention  adjourn,  it  be  until  10 
o'clock  to-morrow  morning.     44Journed  accordingly. 


WEDNESDAY,  OCTOBER  13.  25 


WEDNESDAY,  October  13,  1819. 

Met  according  to  adjournment. 

The  remonstrance  of  David  Curtis  and  others,  against  the 
election  of  Joseph  Neally,  read  and  committed  to  the  Commit- 
tee on  Elections. 

Ordered,  That  the  Committee  on  Elections  have  leave  to  set 
in  committee,  during  the  time  the  convention  may  be  in  session ; 
and  that  the  member  from  the  town  of  Dearborn,  have  leave  to 
attest  as  Town  Clerk  of  said  Dearborn,  the  certificate  of  his 
election,  now  in  the  hands  of  the  Committee  on  Elections ;  and 
that  the  same  indulgence  be  given  to  other  members  of  this 
convention  who  may  have  been  returned  under  similar  circum- 
stances. 

Resolved,  That  a  committee  of  three  members  be  appointed 
to  take  into  consideration  and  report  upon  the  necessary  ex- 
penditures of  this  convention  exclusive  of  the  pay  roll.  The 
Hon.  Mr.  Gage  of  Augusta,  Mr.  Shepley  of  Saco,  and  Mr.  Ilsley 
of  Portland,  were  appointed  on  the  said  committee. 

Leave  of  absence,  (reported  by  the  committee,)  was  given  to 
Mr.  Burr  of  Litchfield,  Mr.  McCobb  of  Phipsburg,  and  Mr.  Mc- 
Lellan  of  Gray,  until  Monday  next. 

Resolved,  That  Col.  Trescott  of  Lubec,  Mr.  Wallingford  of 
Saco,  and  Commodore  Tucker  of  Bristol,  be  a  committee  to 
consider  and  report  what  further  acts,  resolves  and  other  docu- 
ments it  may  be  proper  to  obtain  from  the  office  of  the  Secretary 
of  the  Commonwealth  of  Massachusetts. 

Adjourned  to  4  o'clock  this  afternoon. 

AFTERNOON. 

Met.  The  petition  of  Samuel  Haywood  and  others,  inhabitants 
of  Sidney — read  and  committed  to  the  committee  who  have  un- 


26  CONSTITUTIONAL  CONVENTION. 

der  consideration  the  subject  of  preparing  a  constitution  or  frame 
of  government  for  the  new  State. 

Resolved,  That  a  committee  consisting  of  nine  members  be 
appointed  to  take  into  consideration,  what  compensation  shall 
be  allowed  the  members  of  this  convention  for  their  travel  and 
attendance.  Mr.  Low  of  Lyman,  Mr.  Adams  of  Gorham,  Mr. 
Spear  of  Thomaston,  Mr.  Lock  of  Chesterville,  Col.  Steele  of 
Brownfield,  Mr.  Tuttle  of  Canaan,  Col.  Atherton  of  Prospect, 
Mr.  Leonard  of  Brewer,  and  Mr.  Burgin  of  Eastport,  were  ap- 
pointed on  the  said  committee. 

Resolved,  That  Henry  Smith,  Esq.,  of  Portland,  be  appointed 
and  authorized  to  draw  upon  the  Treasurer  of  the  Common- 
wealth of  Massachusetts,  for  the  amount  of  the  pay  roll  for  the 
travel  and  attendance  of  the  members  of  the  convention  j  pro- 
vided the  same  does  not  exceed  the  amount  of  the  money  paid 
into  the  treasury  by  the  several  banks,  within  this  District,  for 
the  tax  upon  the  same  due  and  payable  the  first  Monday  of 
October  instant. 

Ordered,  That  the  motion  made  by  Mr.  Herrick  of  Bowdoin- 
ham,  on  the  subject  of  arranging  the  seats  of  the  members,  be 
committed  to  the  committee  on  the  rules  and  proceedings  of 
this  convention. 

Mr.  Preble  of  Portland,  chairman  of  the  committee  appointed 
on  the  subject  of  the  style  and  title  for  the  new  State,  made  a 
report,  which  was  read ;  and  on  motion  of  Mr.  Dearborn  of 
Hallowell,  was  assigned  for  consideration,  to-morrow,  at  10 
o'clock. 

Voted,  That  when  the  convention  adjourn  it  be  until  10 
o'clock  to-morrow  morning;. 

Adjourned  accordingly. 


THURDSAY,  OCTOBER  14.  £7 


THURSDAY,  October  14,  1819. 

Met  according  to  adjournment. 

Agreeably  to  assignment,  the  report  of  the  committee  made 
yesterday  upon  the  subject  of  the  style  and  title  of  the  new 
State,  was  taken  up,  and  a  motion  made  by  Mr.  Parsons  of 
Edgecomb,  that  the  word  "Commonwealth"  be  stricken  out; 
and,  after  much  debate,  the  motion  was  carried,  119  members 
voting  in  the  affirmative,  and  113  in  the  negative.  A  motion 
was  then  made  that  the  word  "  State  "  be  inserted  in  place  of 
the  word  "Commonwealth,"  which  had  been  stricken  out,  which 
motion  passed  in  the  affirmative  without  division.  On  motion 
of  Judge  Ames,  the  report  was  further  postponed,  and  the 
convention  adjourned  to  3  o'clock  this  afternoon. 

AFTERNOON. 
Met.  Mr.  Milliken  of  Frankfort,  presented  the  remonstrance 
of  John  Hull  the  2d,  and  others,  against  the  election  of  Samuel 
A.  Whitney,  Esq.,  of  Lincolnville ;  Judge  Thatcher  presented  the 
remonstrance  of  Nathan  Hanson  and  others,  against  the  election 
of  Henry  Norton,  Esq.,  of  New  Portland;  and  Mr.  Dickinson 
of  Machias,  presented  the  remonstrance  of  Isaac  Keen  and 
others,  against  the  election  of  William  Vance,  Esq.,  of  Calais — 
which  were  severally  read  and  committed  to  the  Committee  on 
Elections. 

The  Committee  on  Elections,  made  a  report,  which  was  read 
and  recommitted  to  the  same  committee  who  reported  it;  and 
ordered  that  said  committee  be  instructed  to  examine  all  the 
returns  of  members  of  this  convention,  and  report  who  and  what 
members  of  the  convention  are  duly  elected,  and  who  are  not 
duly  elected,  and  the  reasons  thereof. 

The  Hon.  Mr.  Holmes,  Chairman  of  the  Committee  appointed 
to  prepare  and  report  to  this  convention  a  constitution  or  frame 
of  government  for  the  new  State,  made  a  report  in  part,  which 


28  CONSTITUTIONAL  CONVENTION. 

was  read,  and  Monday  next,  at  12  o'clock,  was  assigned  for 
taking  the  same  into  consideration — and  ordered  that  500 
copies  of  this  report  be  printed  for  the  use  of  the  members. 

The  resolution  submitted  yesterday,  by  Mr.  Kingsbery  of 
Gardiner,  was  taken  up  and  passed,  as  follows : 

Resolved,  That  the  Hon.  Mr.  Clapp  and  Mr.  Ilsley  of  Port- 
land, and  Mr.  Dearborn  of  Hallowell,  be  a  Committee  of  Finance 
to  devise  ways  and  means  to  defray  the  expenses  of  this  con- 
vention, should  the  amount  exceed  the  sum  to  be  received  from 
the  Treasurer  of  the  Commonwealth  of  Massachusetts. 

On  motion  of  Mr.  Wallingford  of  Wells,  the  committee  ap- 
pointed yesterday  to  consider  and  report  what  further  acts, 
resolves,  and  other  documents,  it  may  be  necessary  to  obtain 
from  the  Secretary's  Office  of  the  Commonwealth  of  Massachu- 
setts, were  authorized  to  inquire  into  the  expediency  of  apply- 
ing to  the  office  of  the  Secretary  of  the  United  States,  for  any 
documents  in  his  department,  which  may  be  required  for  the 
new  State. 

Adjourned  to  10  o'clock  to-morrow  morning. 


FRIDAY,  OCTOBER  lo.  29 


FRIDAY,  October  15,  1819. 

Met  according  to  adjournment 

Ordered,  That  so  much  of  the  report  of  the  committee  ap- 
pointed to  prepare  and  report  a  constitution  or  frame  of  gov- 
ernment for  the  new  State,  as  relates  to  the  style  and  title,  be 
stricken  out  whenever  it  occurs,  and  that  the  secretary  be 
directed  so  to  amend  said  report. 

Col.  Atherton  of  Prospect,  presented  the  petition  of  Phinehas 
Tarnum  and  others,  officers  of  the  second  brigade  and  twelfth 
division  of  the  Militia,  which  was  read  and  committed  to  the 
committee  appointed  to  prepare  and  report  a  constitution. 

Mr.  Bradbury  of  York,  was  appointed  on  the  committee  upon 
the  subject  of  the  pay  of  members,  in  place  of  Mr.  Low  of  Ly- 
man, who  is  absent. 

The  convention  resumed  the  consideration  of  the  report  of 
the  committee  upon  the  subject  of  the  style  and  title  of  the 
new  state.  A  motion  was  made  by  Judge  Cony,  further  to 
amend  the  same  by  striking  out  the  word  "Maine,"  and  to  insert; 
in  lieu  thereof,  "  Columbus"  j  after  much  debate,  the  question 
was  put  and  decided  in  the  negative  ;  the  ordinance  determining 
the  style  and  title  of  the  new  State,  was  then  read  and  passed, 
as  follows : 

"An  ordinance  determining  the  style  and  title  of  the  State. ?? 

"Be  it  ordained  and  determined  by  the  delegates  of  the 
people,  inhabiting  the  territory  now  called  and  known  by  the 
name  of  the  District  of  Maine,  in  convention  assembled, 

That  provided  the  District  of  Maine  aforesaid,  shall,  before 
the  fourth  day  of  March  next,  be  admitted  into  the  Union  as  a 
separate  and  independent  State  on  an  equal  footing  with  the 
original  States,  the  said  State  shall  be  known  and  called  by 
the  style  and  title  of  the  State  of  Maine.     Done  in  convention 


30  CONSTITUTIONAL  CONVENTION. 

this  fifteenth  day  of  October,  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  nineteen." 

Adjourned  to  3  o'clock  this  afternoon. 

AFTERNOON. 

Met.     On  motion  of  Judge  Greene  of  South  Berwick, 
Ordered,  That  all  ordinances  and  resolves  in  the  nature  of 
ordinances,  passed  by  this  convention,  be  signed  by  the  Presi- 
dent of  the  convention,  and  attested  by  the  Secretary. 

The  committee  on  the  subject  of  the  pay  of  the  members  for 
their  travel  and  attendance,  reported  the  following  resolution, 
which  was  read  and  accepted : 

Resolved,  That  there  be  allowed  and  paid  to  the  members 
of  this  convention,  as  compensation  for  their  travel  and  attend- 
ance, as  follows,  to  wit :  To  each  of  said  members  two  dollars 
for  each  twenty  miles  travel  in  going  to,  and  returning  from 
said  convention,  and  to  each  of  said  members,  two  dollars  for 
each  day's  attendance  thereat. 

Resolved,  That  Mr.  Lock  of  Chesterville,  Mr.  Shepley  of 
Saco,  and  Mr.  Herrick  of  Bowdoinham,  be  a  committee  to  con- 
sider and  report  upon  the  manner  of  receiving  the  returns  from 
the  selectmen  of  the  several  towns,  and  assessors  of  the  several 
districts  and  plantations,  of  the  votes  which  may  be  given  in 
for  or  against  the  constitution  which  may  be  submitted  to  the 
people  for  their  consideration  and  adoption. 

Mr.  Lamson  of  Wayne,  presented  the  petition  of  James  Wing 
and  others,  upon  the  subject  of  the  Militia,  which  was  read  and 
committed  to  the  committee  who  have  under  consideration  the 
subject  of  the  constitution. 

Voted,  That  when  the  convention  adjourn,  it  be  till  to-morrow 
morning  at  10  o'clock.     Adjourned  accordingly. 


SATURDAY,  OCTOBER  16.  31 


SATURDAY,  October  16,  1819. 

Met  according  to  adjournment. 

Judge  Thatcher,  chairman  of  the  Committee  of  Elections, 
made  a  report,  that  the  committee  have  carefully  examined  the 
returns  and  certificates  of  the  delegates  returned  from  the  sev- 
eral towns  in  the  District  of  Maine,  to  this  convention,  and  that 
said  committee  are  of  the  opinion  that  the  delegates  from  the 
following  towns  are  severally  entitled  to  their  seats,  viz :  The 
delegates  from  all  the  towns  in  the  county  of  York ;  also,  from  all 
the  towns  in  the  county  of  Cumberland,  except  the  town  of 
Standish;  also,  from  all  the  towns  in  the  county  of  Lincoln,  ex- 
cept the  town  of  Hope :  also,  from  all  the  towns  in  the  county 
of  Hancock,  except  the  towns  of  Ellsworth,  Knox,  Orland, 
Gouldsborough,  Monroe  and  Lincolnville ;  also  from  all  the 
towns  in  the  county  of  Washington,  except  the  town  of  Calais ; 
also,  from  all  the  towns  in  the  county  of  Kennebec,  except  the 
town  of  Rome ;  also,  from  all  the  towns  in  the  county  of  Som- 
erset, except  the  towns  of  New  Portland,  Anson,  and  Mercer; 
and  from  all  the  towns  in  the  county  of  Penobscot — which 
report  being  read,  was  accepted. 

The  same  committee  further  report,  that  as  to  the  elections 
in  the  towns  above  excepted  to,  on  account  of  defects  in  the 
certificates  of  returns  delivered  to  the  delegates  and  here  pro- 
duced to  the  convention,  they  find  that  the  returns  produced 
by  the  delegate  from  the  town  of  Stanclish,  in  the  County  of 
Cumberland,  is  defective  in  this,  that  it  is  not  attested  by  either 
or  any  of  the  selectmen  of  said  town ;  and  as  to  the  returns 
from  the  towns  of  Bethel  and  Buckfield,  in  the  County  of  Oxford, 
in  addition  to  many  of  the  smaller  defects  before  mentioned, 
they  are  defective,  in  that  they  are  not  attested  by  the  town 
clerks  of  their  respective  towns,  nor  is  there  any  other  date  to 
the  return  from  the  town  of  Bethel,  than  the  year  of  Indepen- 
dence of  the  United  States,  which  is  stated  to  be  the  forty- 


32  eottsliTtmoNAL  coKVentio^. 

third ;  the  return  from  the  town  of  Hope,  in  the  County  of 
Lincoln,  is  defective  in  this,  it  is  not  attested  by  the  town  clerk  j 
the  return  from  the  town  of  Rome,  County  of  Kennebec,  ap- 
pears to  be  defective  in  most  of  the  particular  requisites  of  the 
law,  though  it  is  attested  by  the  selectmen  and  town  clerk ;  it 
does  not  appear  by  any  express  words  or  facts  stated  from 
which  an  implication  can  be  made  what  county  the  town  is 
in ;  it  does  not  appear  by  any  express  words  or  facts  stated 
from  which  an  implication  can  be  made  on  What  occasion  the 
meeting  was  called.  It  states  simply  "  that  agreeably  to  a  war* 
rant  notified  according  to  law  by  the  subscribers,  the  inhabitants 
of  Rome  met  and  brought  in  their  votes  as  follows,  viz : 

For  James  Philbrick,  Esq.,  six  votes. 

For  Capt.  J.  S.  Colbatfy  twenty-three  votes. 

For  Christopher  Knight,  one  vote." 
Then  follow  the  signatures  of  the  selectmen  and  the  town 
Clerk.  The  returns  from  the  towns  of  Knox  and  Orland,  in 
the  County  of  Hancock,  are  not  attested  by  the  selectmen  of 
their  respective  towns,  and  the  return  from  the  town  of  Ells* 
Worth  is  not  signed  by  the  town  clerk  of  said  town. 

The  returns  from  the  towns  of  Anson  and  Mercer,  in  the 
county  of  Somerset,  are  defective  in  that  they  are  not  signed 
or  attested  by  their  respective  Town  Clerks.  Which  report 
being  read,  it  was  thereupon 

Resolved,  That  the  several  members  returned  from  the  sev* 
eral  towns  of  Standish,  Bethel,  Buckfield,  Hope,  Rome,  Knox, 
Ellsworth,  Orland,  Anson  and  Mercer,  are  severally  entitled  to 
their  seats  in  this  convention,  notwithstanding  the  defect  or 
defects  which  may  have  appeared  in  their  several  returns. 

The  same  committee  reported  that  they  had  considered  the 
remonstrance  of  Samuel  Durgen  and  others,  inhabitants  of  the 
town  of  Monroe,  in  the  county  of  Hancock,  against  the  election 
of  Joseph  Neally  returned  a  delegate  from  said  town  to  the 
convention,  and  submitted  a  statement  of  facts  which  was  read, 
and  the  committee  further  submitted  the  following  resolution : 

Resolved,  That  the  said  Joseph  Neally  is  entitled  to  his  seat 
in  this  convention—which  resolve  was  read  and  accepted. 


SATURDAY,  OCTOBER  16.  33 

The  same  committee  further  reported  that  they  had  consid- 
ered the  remonstrance  of  Jonathan  Fernald  and  others,  inhab- 
itants of  the  town  of  Gouldsborough,  against  the  election  of 
Samuel  Davis  who  is  returned  a  delegate  by  said  town;  the 
committee  submitted  a  statement  of  facts,  and  the  following 
resolution : 

Resolved,  That  the  said  Samuel  Davis  is  entitled  to  a  seat 
in  this  convention,  which  resolve  was  read  and  accepted. 

The  same  committee  further  reported  that  they  had  had 
under  consideration,  the  remonstrance  of  Nathan  Hanson  and 
others,  against  the  election  of  Henry  Norton,  Esq.,  a  delegate 
from  New  Portland,  in  the  county  of  Somerset;  the  committee 
submitted  a  statement  of  facts,  and  the  following  resolve : 

Resolved,  That  the  said  Henry  Norton,  Esq.,  is  entitled  to 
nis  seat  as  a  delegate  from  the  town  of  New  Portland,  which 
report  and  resolve  wras  read  and  accepted. 

And  the  same  committee  further  reported  that 'they  had  con- 
sidered the  remonstrance  of  Daniel  Lane  and  others  against 
the  election  of  William  Vance,  Esq.,  returned  as  a  delegate 
from  the  town  of  Calais,  in.  the  county  of  Washington,  and  sub- 
mit the  following  statement  of  facts :  That  the  said  William 
Vance,  at  the  time  of  his  election  and  ever  since  lived  in  plant- 
ation number  six,  and  that  on  the  day  of  said  election  and 
before,  he  did  state  to  the  inhabitants  and  voters  of  said  Calais, 
that  they  might  legally  vote  for  a  person  not  an  inhabitant  of 
said  town,  and  that  the  said  remonstrants  believed  the  said 
statement  made  as  aforesaid  had  a  powerful  effect  on  the 
voters;  and  they  further  state  that  said  plantation  number  six, 
has  never  been  organized,  neither  have  the  inhabitants  been 
assessed  by  the  assessors  of  Calais,  which  is  the  next  adjacent 
town,  nor  in  any  manner  borne  their  share  of  the  public  bur- 
thens; and  they  state  that  they  consider  that  the  -qualifications 
of  voters  and  those  to  be  elected  are  the  same,  and  that  they 
deemed  the  admitting  the  said  William  Vance,  Esq.,  to  hold  a 
seat  in  this  convention  as  much  an  encroachment  upon  their 
.rights,  as  if  the  inhabitants  of  plantation  number  six  had  at- 
tended said  election  and  overpowered  the  inhabitants  of  Calais 
3 


34  CONSTITUTIONAL  CONVENTION. 

by  their  votes  j  these  allegations  were  admitted  by  the  said 
William  Vance  j.  there  was  no  evidence  before  the  committee, 
of  any  improper  means  made  use  of  to  obtain  his  election  other 
than  what  are  stated  as  aforesaid,  or  that  there  was  any  im- 
proper conduct  on  the  part  of  said  delegate.  Judge  Thatcher^ 
then  submitted  the  following  resolution : 

Resolved,  That  the  said  William  Yance,  Esq.,  is  entitled  to 
his  seat  in  this  convention,  which  statement  and  resolution 
were  severally  read  and  accepted. 

Judge  Parris,  from  the  committee  appointed  to  prepare  and 
report  a  constitution  for  the  new  State,  made  a  communication 
to  the  convention,  that  said  committee  would  make  a  further 
report  this  afternoon  at  5  o'clock. 

Adjourned  to  3  o'clock  this  afternoon. 

AFTERNOON. 

Met.  Mr.  Virgin  of  Rumford,  moved  a  reconsideration  of 
the  vote  taken  in  the  morning  relative  to  the  seat  of  William 
Vance,  Esq.  After  much  debate,  the  question  was  put  and 
decided  in  the  negative — forty-five  members  voting  for  the  re- 
consideration and  one  hundred  and  five  against,  so  the  motion 
was  lost. 

A  further  communication  was  received  by  Mr.  Johnson  of 
Belfast,  from  the  Committee  on  the  Constitution,  informing  the 
convention  that  said  committee  would  not  have  it  in  their 
power  to  make  the  report  this  afternoon,  and  that  the  com- 
mittee requested  leave  to  have  their  report  printed,  previous 
to  its  being  submitted  to  the  convention.  Thereupon  Resolved? 
That  said  committee  be  authorized  to  cause  five  hundred  copies 
of  their  report  to  be  printed,  and  that  Mr.  Wood  of  Wiscassetr 
be  appointed  to  make  this  resolution  known  to  the  committee. 

Voted,  That  when  the  convention  adjourn,  it  be  until    10 
o'clock  on  Monday  next. 
Adjourned  accordingly. 


MONDAY,  OCTOBER  18.  35 


MONDAY,  October  18,  1819. 
Met  according  to  adjournment. 

The  Committee  on  Elections  reported  that  they  had  exam- 
ined the  returns  made  of  the  delegate  from  the  town  of  Dresden, 
in  the  County  of  Lincoln,  and  that  in  their  opinion  Isaac  Lilley, 
Esq.,  is  duly  elected  a  delegate  from  said  town,  and  it  was 
thereupon 

Resolved,  That  the  said  Isaac  Lilley  is  entitled  to  a  seat  in 
this  convention. 

Agreeably  to  assignment,  the  report  of  the  Committee  on 
the  Constitution,  made  on  Thursday  last,  was  taken  up,  but  it 
appearing  that  the  chairman  and  many  of  the  members  of  the 
committee  who  made  the  report,  were  absent,  the  consideration 
of  the  subject  was  postponed,  and  the  convention 

Adjourned  to  3  o'clock  this  afternoon. 

AFTERNOON. 
Met.  Resolved,  That  Henry  Smith,  Esq.,  of  Portland,  be  ap- 
pointed, and  he  is  hereby  authorized  to  draw  on  the  Treasurer  of 
the  Commonwealth  of  Massachusetts,  to  the  full  amount  of  the 
money  paid  in  the  treasury  by  the  several  banks  within  the 
District,  for  the  tax  upon  the  same,  due  and  payable  on  the 
first  Monday  of  the  present  month,  agreeably  to  the  authority 
vested  in  this  convention  by  an  act  of  the  Legislature  of  said 
Commonwealth,  passed  June  19, 1819,  entitled  "An  act  relating 
to  the  separation  of  the  District  of  Maine  from  Massachusetts 
proper,  and  forming  the  same  into  a  separate  and  independent 
State/'  as  the  amount  of  the  pay  roll  of  this  convention  will 
exceed  the  amount  of  the  tax  on  the  banks,  due  and  payable  as 
aforesaid,  which  resolve  was  read  and  accepted. 

The  Hon.  Mr.  Holmes,  Chairman  of  the  Committee  appointed 

.  to  prepare  and  report  a  constitution  or  frame  of  government 

for  the  new  State,  made  a  further  report  accompanied  by  a  bill, 


36  CONSTITUTIONAL  CONVENTION. 

which  was  read,  and  ordered  that  to-morrow  morning,  at  10 
o'clock,  be  assigned  for  further  consideration  of  the  same,  and 
that  so  much  of  the  said  report  as  has  not  been  printed,  be 
printed  for  the  use  of  the  members. 

The  convention  resumed  the  consideration  of  the  subject  of 
the  preamble  and  Bill  of  Rights.  The  preamble  was  first  taken 
up  and  passed  with  sundry  amendments.  The  first  and  second 
sections  of  the  first  article  of  the  Bill  of  Rights  were  severally 
read  and  passed ;  the  third  section  was  also  taken  up  and  read. 

Voted,  That  when  the  convention  adjourn,  it  be  until  9  o'clock 
to-morrow  morning. 

Adjourned  accordingly. 


TUESDAY,  OCTOBER  19.  37 


TUESDAY,  October  19,  1819. 

Met  according  to  adjournment. 

Judge  Dana  of  Fryeburg,  had  leave  of  absence  by  reason  of 
sickness  in  his  family. 

Mr.  Dole  of  Alna,  presented  the  memorial  of  the  Catholic 
Church  of  Maine,  which  was  read  and  ordered  to  lie  upon  the 
table. 

The  convention  resumed  the  subject  of  the  Bill  of  Rights,  or 
first  article  of  the  constitution,  the   third  section  being  under 

consideration,  was  accepted  with  amendments. 

I 

Voted,  (Two-thirds  of  the  members  present  in  the  affirmative) 
that  the  fifth  article,  second  chapter,  of  the  rules  and  proceed- 
ings, be  so  far  altered  and  amended,  as  that  a  motion  for  re- 
consideration of  any  vote  may  be  made  immediately  after  such 
vote  may  have  been  declared  by  the  President. 

Voted,  That  when  the  convention  adjourn,  it  be  until  half-past 
2  o'clock  this  afternoon,  and  that  half-past  2  o'clock  be  the 
time  to  meet  in  the  afternoon  of  each  day,  until  the  further 
order  of  the  convention. 

Adjourned  accordingly. 

AFTERNOON. 
Met.     On  motion  of  Gen.  Chandler,  the  convention  recon- 
sidered their  former  vote,  fixing  the  time  of  adjournment. 

Voted,  That  the  convention  will  continue  in  session  until 
half-past  1,  and  then  adjourn  to  meet  at  3  o'clock  in  the  after- 
noon, until  the  further  order  of  the  convention. 

The  Bill  of  Rights  or  first  article  of  the  constitution,  being 
under  consideration,  and  the  same  having  been  read  by  sections 
and  passed  upon  with  sundry  amendments,  the  question  was 
put :     Will  the  convention  accept  the  first  part  of  the  report  of 


33  CONSTITUTIONAL  CONVENTION. 

the  committee,  so  far  as  relates  to  the  adoption  of  the  Preamble 
and  Bill  of  Rights,  or  first  article  of  the  constitution,  as 
amended  ? — which  report  was  unanimously  accepted. 

Ordered,  That  the  Hon.  Mr.  Holmes,  Hon.  Mr.  Whitman, 
and  Mr.  Johnson  of  Belfast,  be  a  revising  committee,  and  that 
the  Preamble  or  Bill  of  Rights,  be  committed  to  said  com- 
mittee, for  their  examination. 

The  amendments  to  the  Preamble  and  Bill  of  Rights  were 
taken  up  and  passed  upon  as  follows : 

Hon.  Mr.  Holmes  moved  to  amend  by  striking  out  in  the  first 
and  second  line,  these  words,  "  that  part  of  Massachusetts  de- 
nominated the  District  of" — which  motion  passed  in  the  affirm- 
ative. 

In  the  seventh  line,  on  motion  of  the  Hon.  Mr.  Holmes,  the 
words, dl  Great  Legislator,"  were  stricken  out,  and  the  words, 
"Sovereign  Ruler,"  substituted  instead. 

Mr.  Stevens  of  China,  moved  to  amend  article  one,  section 
third,  in  the  eighth  line,  by  inserting  after  the  word  senti- 
ments, "  Nevertheless,  every  sect  or  denomination  of  christians 
ought  to  observe  the  Sabbath  or  Lord's  day  and  keep  up  some 
sort  of  religious  worship  which  to  them  shall  seem  most  agreea- 
ble to  the  revealed  will  of  God  " — which  motion  was  negatived. 

Mr.  Emery  of  Portland,  moved  to  amend  in  the  second  line 
by  inserting  after  the  word  right,  "to  exercise  the  duty," 
— which  motion  was  negatived. 

Hon.  Mr.  Whitman,  then  moved  further  to  amend  said  section 
in  the  sixteenth  line  after  the  word  trust,  by  inserting,  "  as  the 
happiness  of  a  people  and  the  good  order  and  preservation  of 
civil  government  essentially  depend  upon  piety,  religion  and 
morality ;  and  as  these  cannot  generally  be  diffused,  but  by  the 
institution  of  the  public  worship  of  Almighty  God  and  of  public 
instruction  in  piety,  religion  and  morality — therefore,  to  pro- 
mote their  happiness,  and  to  secure  good  order  and  the  preser- 
vation of  their  government,  the  Legislature  shall  have  power, 
and  are  hereby  authorized,  by  all  suitable  means  to  encourage 


TUESDAY,  OCTOBER  19.  39 

and  uphold  the  institutions  of  public  worship,  and  of  public  in- 
struction in  the  principles  of  piety,  religion  and  morality1' — 
which  motion  being  put,  was  negatived. 

Mr.  Hobbs  of  Waterborough,  moved  further  to  amend  said 
section  in  the  seventeenth  line,  by  inserting,  after  the  word 
State,  these  words,  "nor  shall  any  one  ever  be  obliged 
to  pay  any  tax  or  rate  for  the  building  or  repairing  any  meet- 
ing-house or  place  of  worship'1 — which  motion  was  negatived. 

Col.  Reed  of  Waldoborough,  moved  to  amend  section  four, 
in  the  seventh  and  eighth  lines,  by  inserting  after  the  word 
.capacity,  these  words,  "or  the  qualifications  of  those  who 
are  candidates  for  the  suffrages  of  the  people  " — which  motion 
passed  in  the  affirmative. 

Hon.  Mr.  Holmes  moved  further  to  amend  the  fourth  section, 
by  striking  out  after  the  word  fact,  in  the  eleventh  line  to 
the  end  of  the  section,  these  words,  "under  the  direction  of  the 
•court" — which  motion  passed  in  the  affirmative. 

The  Hon.  Mr.  Holmes  then  moved  further  to  amend,  by  in- 
serting after  the  word  jury,  in  the  tenth  line,  these  words, 
Ul  after  having  received  the  direction  of  the  court,"  and  insert 
after  shall,  "at  their  discretion" — which  amendment  passed  in 
the  affirmative. 

Section  fifth  passed  without  amendment. 

Section  sixth,  in  .the  third  line :  Mr.  Neal  of  Elliot,  moved  to 
amend  after  the  word  counsel,  to  insert  "or  either" — which 
motion  passed  in  the  affirmative. 

The  sixth  section  then  passed. 

Section  seventh :  Mr.  Wallingford  moved  to  strike  out  in  the 
first  and  second  lines  these  words,  "in  all  cases  of  a  criminal 
nature  the  rights  of  trial  by  jury  shall  be  preserved  and," — 
which  motion  passed  in  the  affirmative. 

The  Hon.  Mr.  Holmes  then  moved  further  to  amend  said 
section,  by  inserting  after  the  word  impeachment,  in  the  fifth 
line,  "or  in  such  cases  of  offenses  as  are  usually  cognizable  by 


40  CONSTITUTIONAL  CONVENTION. 

justices  of  the  peace," — which  motion  also  passed  in  the  affirm- 
ative, and  the  section  ordered  to  be  so  amended. 

Judge  Cony  moved  further  to  amend,  by  inserting  after  the 
word  "provide"  "by  law" — which  motion  passed,  and  the  sev- 
enth section  passed  as  amended. 

Sections  eighth,  ninth  and  tenth,  passed  without  amendment, 
and  section  eleven  was  taken  into  consideration. 

Mr.  Baldwin  moved  to  amend  in  the  second  line,  by  striking 
out  these  words,  "ex  post  facto,"  and  to  insert  in  lieu  thereof, 
the  following:  "Laws  punishing  acts  committed  before  the 
existence  of  such  laws,  and  by  them  only  declared  criminal, 
are  oppressive,  unjust,  and  incompatible  with  liberty ;  where- 
upon no  such  law  shall  ever  be  made  or  exist  in  this  State" — 
which  motion  was  negatived ;  and  Mr.  Wallingford  moved  further 
to  amend  in  the  third  line,  by  striking  out  after  the  word 
contracts,  to  the  end  of  the  section — which  motion  was  also- 
negatived. 

Section  eleventh  passed  without  amendment. 

Sections  twelfth,  thirteenth,  fourteenth;  fifteenth,  sixteenth.^ 
seventeenth,  eighteenth  and  nineteenth,  were  then  severally 
read  and  passed. 

Section  twentieth  was  then  taken  up,  and  Mr.  Neal  of  Elliot, 
moved  to  amend  in  the  fourth  line,  by  inserting  these  words, 
"and  the  party  claiming  the  right  may  be  heard  by  himself  and 
his  counsel,  or  either" — which  motion  passed  in  the  affirmative. 

Section  twenty-first  was  then  considered ;  and  Mr.  Miliikcn 
of  Frankfort,  moved  to  amend  the  same  in  the  first  line  after 
the  word  taken,  by  adding  these  words,  "  or  shall  individual 
services  be  required  " — which  motion  was  negatived,  and  the 
section  passed  without  amendment. 

Sections  twenty-second,  twenty-third  and  twenty-fourth,  were 
severally  read  and  passed ;  and  the  report  as  amended,  was 
unanimously  accepted. 

The  Committee  on  Elections  reported  that  in  their  opinion 
Samuel  A.  Whitney,  Esq.,  the  sitting  member  from  the  town  of 


TUESDAY,  OCTOBER  15.  4J 

Lincolnville,  in  the  county  of  Hancock,  is  entitled  to  his  seat  in 
this  convention — .which  report  was  accepted. 

Voted,  That  when  the  convention  adjourn,  it  be  until  half 
past  8  o'clock  to-morrow  morning, 
Adjourned  accordingly. 


42  CONSTITUTIONAL  CONVENTION. 


WEDNESDAY,  October  20,  1819. 

Met  according  to  adjournment. 

Col.  Atherton  of  Prospect,  submitted  the  following  motion 
and  resolution,  which  were  severally  read  and  ordered  to 
lie  upon  the  table :  "  No  law  shall  be  made  by  which  any 
individual  may  be  subjected  to  the  performance  of  any  militia 
duties,  from  which  or  a  direct  equivalent,  any  white  male  inhab- 
itant of  reputable  character,  and  of  the  same  age,  is  by  a  law 
of  the  State,  exempted." 

Resolved,  That  a  committee  of  nine,  one  from  each  County, 
be  appointed  to  take  into  consideration  the  expediency  of  locat- 
ing the  seat  of  government  for years,  and  to  desig- 
nate the  place  most  suitable  for  this  purpose,  and  also  for  the 
first  meeting  of  the  Legislature  of  the  new  State,  and  for  the 
organization  of  its  government;  and  that  the  said  committee 
be  instructed  to  report  previous  to  the  final  question  being 
taken  on  the  acceptance  of  the  whole  constitution. 

The  constitution,  reported  by  the  committee  on  that  subject, 
was  taken  into  consideration. 

The  first  section  of  the  second  article,  being  under  consid- 
eration, the  Hon.  Mr.  Holmes  moved  to  amend  the  same,  by 
inserting  after  the  word  "State,"  in  the  fourth  line,  the  follow- 
ing :  "  for  the  term  of  three  months  next  preceding  any  elec- 
tion " — which  passed  in  the  affirmative. 

Mr.  Shepley  of  Saco,  then  moved  to  insert  in  the  third  line, 
after  guardianship,  u  those  who  have  been  convicted  of  any 
infamous  crime  and  not  pardoned  " — which  motion  being  put 
was  decided  in  the  negative. 

Mr.  Vance  moved  further  to  amend  in  the  third  line,  after 
the  word  Indians,  by  inserting,  H  and  Negroes" — which  mo- 
tion was  negatived. 


WEDNESDAY,  OCTOBER  20.  43 

Gen.  Chandler  moved  to  amend  in  the  fifth  line  by  inserting 
after  the  word  where,  "  he  has,"  and  to  strike  out  in  the 
sixth  line,  "is  established" — which  motion  was  withdrawn  by 
the  mover. 

Mr.  Thomas  of  Wells,  moved  to  insert  in  the  second  line, 
after  the  word  "  paupers,"  "  supported  by  any  town  " — which 
motion  was  negatived. 

Hon.  Mr.  Whitman  moved  further  to  amend  in  the  second 
line,  after  the  word  paupers,  and  insert  u  during  the  time 
they  be  supported,  in  whole  or  in  part,  at  the  public  expense  " 
— which  motion  was  decided  in  the  negative. 

Mr.  Herrick  of  Bowdoinham,  moved  further  to  amend  the 
first  section,  by  inserting  at  the  end  of  the  section  the  follow- 
ing :  "  Neither  shall  the  residence  of  a  student  at  any  seminary 
of  learning,  entitle  him  to  the  right  of  suffrage  in  the  town  or 
plantation  where  such  seminary  is  established  " — which  motion 
passed  in  the  affirmative. 

The  first  section  was  then  passed  as  amended. 

Second  section  was  then  taken  into  consideration. 

Hon.  Mr.  Moody  moved  to  strike  out  after  the  word  "elec- 
tion" in  the  third  line,  to  the  end  of  the  section — which  motion 
was  negatived,  and  the  second  section  was  then  passed  without 
amendment. 

Section  third.  Mr.  Dickinson  of  Machias,  moved  to  insert 
at  the  end  of  the  section  the  following :  "  and  except  when 
called  into  actual  service  " — which  motion  was  negatived,  and 
the  third  section  afterwards  passed  as  reported  by  the  committee. 

Fourth  section.  Mr.  Cutler  of  Farmington,  moved  to  amend 
by  striking  out  "  September,"  and  in  lieu  thereof,  to  insert 
"  October" — which  was  negatived. 

Dr.  Perkins  of  Weld,  moved  further  to  amend  this  section 
by  striking  out  "  second,"  and  inserting  in  lieu  thereof,  u  third" 
— which  motion  was  negatived,  and  the  section  passed  without 
amendment. 


44  CONSTITUTIONAL  CONVENTION. 

The  first  and  second  sections  of  the  third  article,  were  then 
taken  up,  and  passed  without  division. 

Article  four,  section  one,  was  passed  without  amendment. 

Section  second  was  then  taken  into  consideration. 

Judge  Thatcher  moved  to  amend  the  same,  by  striking  out 
in  the  second  line,  these  words,  "  one  hundred,  nor  more  than 
two  hundred  members" — which  motion,  after  much  debate,  was 
decided  in  the  negative,  ninetjMiine  members  voting  in  favor, 
and  one  hundred  and  forty-nine  against  the  motion. 

Mr.  Kingsbury  then  moved  to  strike  out  the  following  words 
in  the  second,  third  and  fourth  lines  :  "  to  be  elected  by  the 
qualified  electors  on  the  second  Monday  of  September  annually  " 
— which  motion  passed  in  the  affirmative,  and  the  second  section, 
as  amended,  passed,  one  hundred  and  thirty-seven  members  in 
the  affirmative,  ninety-five  in  the  negative. 

Mr.  Herrick  of  Bowdoinham,  then  moved  a  reconsideration 
of  the  last  vote ;  a  debate  ensued,  which  continued  until  the 
usual  hour  of  adjournment,  when  the  convention  adjourned  until 
3  o'clock  this  afternoon. 

AFTERNOON. 

Met.  The  convention  resumed  the  consideration  of  Mr. 
Herrick's  motion,  when  the  question  was  taken,  and  the  motion 
for  reconsideration  prevailed,  two  hundred  and  seventeen  mem- 
bers voting  in  favor  of  the  reconsideration,  and  thirty-one 
against  it. 

On  motion  of  Mr.  Rose  of  Boothbay,  Ordered,  That  the 
second  section,  as  amended,  and  third  section,  fourth  article,  be 
now  both  taken  into  consideration,  that  the  whole  subject  of 
representation  may  be  considered  at  the  same  time. 

Mr.  Herrick  of  Bowdoinham,  then  submitted  the  following 
amendment:  "Every  town  in  this  State,  heretofore  repre- 
sented in  the  House  of  Representatives  of  Massachusetts,  shall 
elect  one  representative ; 

Every  other  town  in  the  State  containing  one  thousand 
inhabitants  shall  elect  one   representative,  and  every  town  in 


WEDNESDAY,  OCTOBER  20.  45 

this  State  containing  three  thousand  inhabitants,  shall  elect  two 
representatives,  and  for  every  additional  three  thousand  inhabi- 
tants an  additional  representative :  Provided  no  town  shall 
be  entitled  to  more  than  five  representatives ;  and  any  two 
or  more  towns  or  plantations  whose  inhabitants  shall  not 
be  sufficient  to  entitle  each  to  a  representative)  but  whose 
inhabitants  together  shall  amount  to  one  thousand,  may  volun- 
tarily associate  themselves  together  from  year  to  year  for 
that  purpose,  and  shall  be  entitled  to  one  representative." 

The  question  on  Mr.  Herrick's  amendment  was  taken  up,  and 
after  much  debate,  the  subject  was  postponed,  and  the  conven- 
tion 

Adjourned  until  to-morrow  morning  at  half-past  8  o'clock. 


46  CONSTITUTIONAL  CONYNETION. 


THURSDAY,  October  21,  1819. 

Met  according  to  adjournment. 

The  Committee  on  Elections  reported  that  Thomas  A.  John- 
son, Esq.,  the  delegate  returned  from  the  town  of  Cornish,  in 
the  county  of  York,  has  been  duly  certified,  and  he  is  in  the 
opinion  of  the  committee,  entitled  to  his  seat — which  report 
was  accepted. 

Mr.  Herrick's  amendment  was  taken  up,  and  after  much  de- 
bate, was  withdrawn  by  the  mover,  and 

Gen.  Winorate  of  Bath  submitted  the  following  amendment : 
"  The  House  of  Representatives,  first  to  be  elected  under  this 
constitution,  shall  consist  of  members  to  be  chosen  by  the  sev- 
eral incorporated  towns  within  this  State,  each  town  being  en- 
titled to  the  same  number  as  though  this  constitution  had  not 
been  adopted;  provided,  however,  that  all  such  towns  and  plan- 
tations as  would  not  be  entitled  to  a  representative,  may  by  a 
major  vote  and  mutual  agreement  among  themselves,  class 
themselves  for  the  purpose  of  electing  a  representative,  and 
the  representative  so  chosen  by  any  class  shall  produce  to  the 
House  of  Representatives  together  with  the  proper  evidence  of 
their  election,  an  attested  copy  of  the  vote  of  the  several  towns 
and  plantations  forming  such  a  class,  to  class  themselves  for 
the  purpose  of  such  election,  and  also  a  certificate  of  the  as- 
sessors of  such  towns  and  plantations,  of  the  number  of  polls 
in  their  respective  towns  and  plantations.  The  House  of  Rep- 
resentatives to  be  elected  on  the  second  Monday  of  September 
1821,  and  forever  thereafter,  shall  consist  of  not  less  than  one 
hundred  members  nor  more  than  two  hundred,  and  shall  con- 
tinue in  service  one  year  from  the  day  next  preceeding  the  an- 
nual meeting  of  the  Legislature ;  Provided,  however,  that  until 
the  population  of  the  State  shall  amount  to  five  hundred 
thousand,  the  number  of  representatives  shall  not  exceed 
two  hundred  and  fifty.     And  the  Legislature  shall,  before  the 


THURSDAY,  OCTOBER  21.  47 

first  day  of  May.  1821,  and  within  every  subsequent  period 
of  at  most  ten  years,  cause  the  number  of  inhabitants  of  the 
State,  to  be  ascertained,  exclusive  of  foreigners  not  natu- 
ralized and  Indians  not  taxed — and  the  number  of  representa- 
tives shall  at  the  several  periods  of  making  such  enumeration 
be  fixed  and  determined  by  the  Legislature,  which  members 
so  fixed  and  determined,  shall  first  be  apportioned  by  the 
Legislature,  among  the  several  counties  in  the  State,  as 
near  as  may  be  according  to  their  number  of  inhabitants,  hav- 
ing regard  to  the  relative  increase  of  population.  And  the 
Legislature  shall  further  apportion  the  representatives,  so  as- 
signed to  the  respective  counties,  among  the  towns  in  their  re- 
spective counties,  as  near  as  may  be  on  the  principle  of  equality, 
giving  to  each  individual  town  that  may  be  entitled  thereto, 
upon  such  ratio  as  shall  be  established  by  the  Legislature,  one 
or  more  members,  and  classing  the  towns  and  plantations  not 
entitled  to  one  member  in  such  manner,  that  each  class  may 
elect  one  representative ;"  which  motion  was  considered,  and  a 
debate  ensued  thereon,  which  continued  until  the  usual  hour  of 
adjournment,  when  the  convention  adjourned  to  3  o'clock  P.  M. 

AFTERNOON. 
Met.  The  convention  resumed  the  consideration  of  General 
Wingate's  amendment,  when  by  consent  of  the  mover,  the 
amendment  was  permitted  to  lie  upon  the  table — and  the  con- 
vention took  again  into  consideration  the  second  and  third 
section  of  the  fourth  article. 

Judge  Bridge  moved  to  strike  out  "  two  "  and  insert  "  three  " 
— which  motion  was  put  and  decided  in  the  negative,  fifty- 
two  for  the  motion  and  one  hundred  and  sixty  against  it. 

Mr.  Usher  then  moved  to  strike  out  "  two  hundred  "  in  the 
second  line,  which  was  also  negatived. 

Hon.  Mr.  Whitman  then  moved  further  to  amend  by  striking 
out  the  second  section,  and  to  insert  in  lieu  thereof,  the  follow- 
ing :  "  For  the  purpose  of  electing  representatives,  each  county 
shall  be  divided  into  districts,  consisting  of  one  or  more  entire 
towns,  comprising  contiguous  territory,  the   exterior  limits  of 


48  CONSTITUTIONAL  CONVENTION. 

each  of  which,  if  consisting  of  more  than  one  town,  shall  be  as 
nearly  equally  distant  from  a  common  centre  as  may  be ;  and 
not  exceeding  or  falling  short  more  than  two  per  centum  of 
the  precise  number  of  inhabitants,  requisite  to  entitle  such  district 
to  send  one  representative.  But  whenever  a  district  cannot  be 
formed  in  manner  aforesaid,  consisting  of  more  towns  than  one, 
comprising  the  number  of  inhabitants  to  entitle  it  to  elect  one 
representative)  a  district  may  be  formed,  in  manner  aforesaid, 
containing  the  requisite  number — or  within  ten  per  centum 
more  or  less  thereof,  to  entitle  it  to  elect  a  greater  number 
being  as  few  as  practicable;  and  in  no  case  exceeding  five 
representatives.  Provided,  however,  that  any  single  town, 
containing  within  ten  per  centum  of  more  or  less  than  the  re- 
quisite number  of  inhabitants,  to  entitle  it  to  elect  one  or  more 
representatives,  shall  be  considered  as  a  district  for  the  purpose 
of  electing  the  corresponding  number  of  representatives.  The 
number  of  inhabitants  in  any  county,  entitled  to  a  representa- 
tive, shall  be  equivalent  as  near  as  may  be,  to  the  product  of 
the  whole  number  of  inhabitants  in  such  county,  divided  by  the 
number  of  representatives  assigned  to  it  "^-which  motion  was 
put  and  decided  in  the  negative* 

Judge  Cony  then  moved  further  to  amend  the  second  line  in 
second  section,  by  striking  out  u  two  "  and  in  lieu  thereof  to 
insert  "  one  hundred  and  fifty  "-—which  motion  was  also  nega- 
tived, twenty-four  members  only  voting  in  favor. 

Hon.  Mr.  Holmes  moved  further  to  amend  by  inserting  at  the 
end  of  the  second  section  the  following  :  "  and,  whenever  the 
number  of  representatives  shall  amount  to  two  hundred,  at  the 
next  annual  meeting  of  elections,  which  shall  thereafter  happen 
at  any  subsequent  period  of  ten  years,  the  people  shall  give  in 
their  votes  on  the  question  whether  the  number  of  representa- 
tives shall  be  increased  or  diminished ;  and  if  a  majority  of 
the  votes  are  in  favor  thereof,  it  shall  be  the  duty  of  the  next 
Legislature  thereafter,  to  increase  or  diminish  the  number  by 
the  rule  hereinafter  prescribed  " — -which  motion  was  passed 
in  the  affirmative^  sixteen  members  only  voting  against  the 
amendment* 


THURSDAY,  OCTOBER  21.  49 

The  amendment  proposed  by  Gen.  Wingate  was  again  taken 
into  consideration,  and  motion  was  made  to  commit  the  same 
together  with  the  several  propositions  which  had  been  sub- 
mitted relative  to  representation — which  motion  was  negatived, 
and  the  question  was  then  taken  on  the  amendment  offered 
which  also  passed  in  the  negative. 

The  second  section  of  the  fourth  article  then  passed — one 
hundred  and  ninety-one  members  voting  in  favor,  and  thirty-six 
against. 

Voted  to  adjourn  to  half-past  8  o'clock. 
Adjourned  accordingly. 


50  CONSTITUTIONAL  CONVENTION. 


FRIDAY,  October  22,  1819. 
Met  according  to  adjournment. 

The  convention  took  into  consideration  the  third  section, 
fourth  article,  of  the  constitution. 

Col.  Atherton  moved  to  strike  out  the  third  section,  and  in- 
sert in  lieu  thereof  the  following :  "  The  number  of  representa- 
tives shall  be  apportioned  to  the  number  of  inhabitants  of  each 
county ;  the  counties  shall  be  divided  into  districts  of  three,  six 
and  nine  thousand ;  and  every  such  district  shall  be  entitled  to 
one  representative  for  every  three  thousand  inhabitants:  Pro- 
vided,  however,  that  a  district  containing  more  than  one  town 
and  entitled  to  more  than  one  representative,  shall  not  choose 
both  of  said  representatives  from  one  town."  The  question  was 
put  upon  that  part  of  the  motion  which  relates  to  dividing  the 
State  into  County  districts  for  the  choice  of  representatives — 
which  motion  was  negatived,  and  the  amendment  did  not  prevail. 

Hon.  Mr.  Holmes  then  moved  to  strike  out,  in  the  eleventh 
and  twelfth  lines,  the  following  words  :  u  and  provided  further, 
that  the  whole  number  of  representatives  shall  never  be  more 
than  two  hundred  " — which  motion  passed  in  the  affirmative. 

Mr.  Allen  of  Norridgewock,  moved  further  to  amend  the 
second  section  in  the  first  line,  by  sriking  out  fifteen  hundred 
and  insert  "twelve  hundred" — which  motion  passed  in  the  neg- 
ative, eighty-six  members  voting  in  favor,  and  one  hundred  and 
fifty  against  it. 

Mr.  Herrick  of  Bowdoinham,  moved  further  to  amend  the 
third  section,  by  inserting  in  the  seventh  line,  between  the 
word  "  and,"  and  the  word  "  towns,"  "  any  two  or  more  towns 
and  plantations;"  and,  in  the  8th  line,  by  inserting  after  the 
word  "  inhabitants,"  "  but  whose  inhabitants  shall  amount  to 
that  number,  who  may  voluntarily  unite  from  year  to  year  for 
that  purpose,  shall  be  entitled  to  one  representative  " — which 
motion  was  also  negatived. 


JFRIDAY,  OCTOBER  22.  51 

Mr.  Hobbs  of  Waterborough,  moved  to  insert  after  the  word 
towns,  in  the  seventh  line,  the  following  amendment,  "  and 
plantations  duly  organized "— which  motion  passed  in  the 
affirmative. 

Mr.  Abbot  of  Castine,  moved  a  further  amendment  in  the 
thirteenth  line,  after  the  word  "apportionment,"  by  striking  out, 
u  it  shall  contain  that  number,"  and  in  lieu  thereof,  to  insert, 
"  the  House  of  Representatives  shall  contain  two  hundred 
members  " — which  motion  passed  in  the  affirmative. 

Mr.  Emery  moved  a  further  amendment  to  strike  out  "three," 
-and  to  insert  u  five"  in  the  fourth  line — which  motion  was 
negatived. 

Mr.  Parsons  of  Edgcomb,  moved  to  insert  at  the  end  of  the 
third  section,  "  and  any  two  towns  having  a  sufficient  number 
of  inhabitants  to  elect  one  representative,  shall  be  joined 
together,  with  the  privilege  of  electing  a  representative  alter- 
nately, beginning  with  the  oldest  town,  or  by  an  agreement  of 
both  towns  may  jointly  elect  one  annually  " — which  motion  was 
negatived,  twenty-seven  in  the  affirmative  and  one  hundred  and 
thirty-five  in  the  negative.  The  third  section  of  the  fourth 
article  passed  5  two  hundred  and  three  members  voting  in  the 
affirmative,  and  forty-one  in  the  negative. 

Section  fourth  was  then  taken  into  consideration. 

Hon.  Mr.  Holmes  moved  to  amend  by  inserting  after  the 
word  "  elected,"  in  the  third  line,  these  words,  "  a  citizen  of 
the  United  States  for  five  years  " — which  motion  prevailed. 

Mr.  Lock  moved  to  strike  out  u  one,"  and  insert  "  five,"  in 
the  fourth  line — which  motion  was  withdrawn  by  the  mover, 
and  renewed  by  Mr.  Baldwin,  and  the  question  was  put  and  de- 
cided ib  the  negative,  forty-six  members  voting  in  the  affirma- 
tive, and  one  hundred  and  forty-four  in  the  negative. 

Mr.  Virgin  moved  further  to  amend,  by  inserting  after  the 
Word  "  resident,"  in  the  sixth  line,  these  words,  "  for  three 
months  next  preceding  his  election  " — which  motion  passed  in 
the  affirmative. 

The  fourth  section  then  passed  as  amended. 


52  CONSTITUTIONAL  CONVENTION. 

Section  fifth  was  then  considered. 

Hon.  Mr.  Holmes  moved  to  amend  by  striking  out  these 
words  in  the  first  and  second  lines  of  the  fifth  section :  "  The 
representatives  shall  be  chosen  by  the  qualified  electors  on  the 
second  Monday  of  September,  annually  j"  and  to  insert  after 
the  word  "  meetings,"  these  words,  "  for  the  choice  of  repre- 
sentatives"— which  motion  passed  in  the  affirmative,  without 
division. 

Hon.  Mr.  Holmes  moved  further  to  amend  in  the  thirty-sec- 
ond line  of  the  same  section,  after  the  word  "  elected,"  and  to 
insert  the  the  following:  "and  the  clerks  of  the  towns  and 
plantations  respectively  shall  seal  up  copies  of  all  such  lists 
and  cause  them  to  be  delivered  into  the  Secretary's  Office, 
twenty  days,  at  least,  before  the  first  Wednesday  of  January 
annually  " — which  motion  also  passed  in  the  affirmative. 

Mr.  Dane  of  Wells,  moved  to  amend  in  the  seventeenth  line, 
by  striking  out  "  be  held,"  and  insert  these  words,  "  hold  their 
meetings  " — which  motion  passed  in  the  affirmative. 

Mr.  Davis  of  Gouldsborough,  then  moved  further  to  amend 
in  the  twenty-fifth  line,  by  striking  out  "  two,"  and  inserting 
in  lieu  thereof,  "four" — which  motion  also  prevailed,  and  the 
3ection  was  so  amended. 

The  question  was  then  taken  on  the  fifth  section,  and  the 
same  passed  as  amended. 

The  sixth,  seventh,  and  eighth  sections,  were  severally  taken 
up  and  passed,  and  the  Convention 

Adjourned  until  3  o'clock  this  afternoon. 

AFTERNOON. 
Met.     Leave  of  absence  was  given  to  Mr.  McCobb  of  Phips- 
burg,  after  this  day. 

Col.  Moore  of  Clinton,  presented  the  petition  of  James  Gray 
and  others,  on  the  subject  of  the  Militia — which  was  read  and 
ordered  to  lie  upon  the  table. 

The  first  section  of  the  fourth  article,  second  part,  wqs  taken 
into  consideration. 


FRIDAY,  OCTOBER  22.  53 

Judge  Cony  moved  to  amend  in  the  first  and  second  lines  of 
the  first  section,  by  striking  out  the  following :  "  of  not  less 
than  twenty-three,  nor  more  than  thirty-one  " — which  motion 
was  advocated  by  the  Hon.  mover,  and  passed  in  the  negative. 

The  first  section  then  passed  without  amendment. 

Mr.  Dearborn  of  Hallowell,  gave  notice  that  he  should  on 
Monday  next,  at  12  o'clock,  move  a  reconsideration  of  the  vote 
passed  upon  the  second  and  third  section  of  the  fourth  ar- 
ticle, first  part  of  the  Constitution,  relative  to  representation 
in  the  House  of  Representatives. 

The  second  section  was  then  considered. 

Hon.  Mr.  Holmes  then  moved  to  amend  said  section  in  the 
ninth  and  tenth  lines,  by  striking  out  "  one  for  every  increase 
of  eight  members,"  and  inserting  these  words,  "  until  it  shall 
arrive  at  the  number  of  thirty-one,  according  to  the  increase  " — 
which  motion  passed  in  the  affirmative. 

Mr.  Dearborn  of  Hallowell,  moved  to  strike  out  in  the  eighth 
line  the  word  "three,"  and  insert  "four" — which  motion  was 
negatived,  and  the  second  section  passed  as  amended. 

Sections  third,  fourth  and  fifth,  were  then  severally  con- 
sidered, and  passed  without  amendment. 

The  sixth  section  was  then  considered. 

Hon.  Mr.  Holmes  moved  to  amend,  by  inserting  at  the  be- 
ginning of  the  sixth  section,  these  words :  "  The  Senators 
shall  be  twenty-five  years  of  age,  at  the  commencement  of  the 
term  for  which  they  are  elected,  and  in  all  other  respects  their," 
and  to  strike  out  "  The  "  and  of  "  Senators,"  in  the  first  line— 
which  motion  passed,  and  the  sixth  section  passed  as  amended. 

The  seventh  and  eighth  sections  also  passed. 

Article  fourth,  part  third,  sections  first,  second,  third,  fourth, 
fifth  and  sixth,  passed  severally  without  amendment. 

Section  seventh  was  then  taken  into  consideration,  and  the 
Hon.  Mr.  Holmes  moved  to  strike  out   these  words  in  the 


54.  CONSTITUTIONAL  CONVENTION. 

seventh  section,  commencing  in  the  fourth  line  :  "  The  expenses 
of  the  members  of  the  House  of  Representatives,,  in  traveling 
to  the  Legislature,  and  returning  therefrom,  once  in  every 
session,  and  no  more,  shall  be  paid  by  the  State,  out  of  the  pub- 
lic treasury,  to  every  member  who  shall  seasonably  attend,  in 
the  judgment  of  the  House,  and  does  not  depart  therefrom 
without  leave."  A  debate  ensued  upon  this  amendment,  which 
continued  until  the  usual  hour  of  adjournment. 

Mr.  Low  of  Lyman,  and  Mr.  Morrill  of  Wells,  asked  and  ob- 
tained leave  of  absence. 

Voted  to  adjourn  to  half-past  8  o'clock  to-morrow  morning. 
Adjourned  accordingly. 


SATURDAY,  OCTOBER  23.  55 


SATURDAY,  October  23,  1819. 
Met  according  to  adjournment. 

Ordered,  That  the  revising  committee,  to  whom  has  been 
committed  the  preamble  and  first  article  of  the  constitution,  be 
be  authorized  to  cause  the  same  to  be  engrossed. 

Dr.  Thayer  of  Fairfield,  asked  and  obtained  leave  of  absence 
after  this  day. 

The  convention  resumed  the  consideration  of  the  seventh 
section,  fourth  article,  part  third,  of  the  constitution. 

Hon.  Mr.  Holmes  amendment  was  taken  up  and  decided  in 
the  negative,  thirty-eight  members  voting  in  the  affirmative,  and 
one  hundred  and  fifty-six  in  the  negative. 

Rev.  Mr.  Hooper  of  Paris,  moved  to  strike  out  these  words : 
"  The  Senators  and  Representatives  shall  receive  such  compen- 
sation as   shall  be  established  by  law,"  and  to  insert  in  lieu 

thereof,  "  The  Senators  and  Represenatives  shall  receive 

compensation  for  their  services,  which  shall  not  be  increased  or 
diminished,  to  take  effect  during  the  term  for  which  they  are 
elected  " — which  motion  was  negatived. 

Judge  Greene  then  moved  further  to  amend,  by  inserting  at 
the  end  of  the  seventh  section,  these  words  :  "  but  the  attend- 
ance of  the  members  shall  be  paid  by  the  several  towns  and 
classes,  in  which  they  shall  have  been  elected  " — which  motion 
was  negatived. 

Mr.  Herrick  of  Bowdoinham,  moved  further  to  amend  in  the 
first  line,  between  the  words  9  receive  "  and  "  such,"  by  inserting 
these  words,  "  out  of  the  treasury  of  the  State,"  and  to  strike 
out  what  remains  of  the  section  after  the  period  following  the 
word  "it,"  in  the  fourth  line — which  motion  was  also  negatived. 

Hon.  Mr.  Holmes  then  moved  further  to  amend  by  inserting 
at  the  end  of  the  section,  these  words :     u  and  they  shall  be 


5ft  CONSTITUTIONAL  CONVENTION. 

paid  for  their  attendance  out  of  the  public  treasury,  and  the 
expense  thereof  shall  be  assessed  on  the  inhabitants  of  each 
county,  according  to  their  number  of  representatives  " — which 
motion  was  negatived,  twenty  members  voting  in  the  affirmative, 
and  one  hundred  and  forty-seven  in  the  negative. 

The  seventh  section  then  passed  without  amendment. 

Sections  eighth,  ninth  and  tenth,  were  severally  read  and 
paesed  without  amendment. 

The  eleventh  section  was  then  considered. 

Mr.  Yance  moved  to  amend  by  striking  out  in  the  second 
line,  "  Post  Offices  " — which  motion,  after  some  debate,  was 
withdrawn  by  the  mover. 

Judge  Thatcher  then  moved  to  strike  out  the  following 
words :  "  no  member  of  Congress,  nor  persons  holding  any 
office  under  the  United  States  " — which  motion  was  negatived. 

Mr.  Dane  of  Wells,  moved  to  amend  in  the  third  line,  and  to 
insert  after  "Justices  of  the  Peace,"  these  words,  "  of  the 
Sessions  " — which  motion  was  negatived. 

Sections  eleventh  and  twelfth,  passed  without  amendment 

Article  fifth,  part  first,  section  first,  passed. 

Section  second  was  then  considered. 

Hon.  Mr.  Holmes  moved  to  amend  in  the  second  line  by 
striking  out,  "  on  the  second  Monday  of  September  annually  " — 
which  motion  passed  in  the  affirmative,  as  did  the  second  sec- 
tion as  amended. 

Section  third.  Hon.  Mr.  Holmes  moved  to  amend  in  the 
seventh  line,  by  inserting  after  the  word  ''January,"  these  words, 
"then  next,"  and  in  the  thirteenth  line,  to  insert  after  the  word 
"  list,"  these  words,  "  if  so  many  there  be  " — which  motion 
passed  in  the  affirmative,  and  the  third  section  passed  as 
amended. 

Sections  fifth,  sixth  and  seventh,  severally  passed  without 
amendment. 


SATURDAY,  OCTOBER  23.  57 

Section  eighth.  Hon.  Mr.  Holmes  moved  to  amend  in  the 
third  line  by  striking  out  the  word  "  and/'  before  the  word 
"register,"  and  inserting  after  the  word  "  Probate,"  these  words, 
"  and  Notaries  Public,  and  all  other  civil  and  military  officers, 
whose  appointment  is  not  by  this  Constitution,  or  shall  not  by 
law  be  otherwise  prescribed  " — which  motion  prevailed,  and 
the  section  passed  as  amended. 

Sections  ninth,  tenth,  eleventh,  twelfth  and  thirteenth,  were 
severally  read  and  passed  without  amendment. 

Article  fifth,  part  second,  section  first.  Hon.  Mr.  Holmes 
moved  to  insert  after  the  words  "citizens  of,"  in  the  second  line, 
these  words,  "the  United  States  and  resident  " — which  motion 
passed  in  the  affirmative. 

Mr.  Leighton  of  Shapleigh,  moved  further  to  amend,  by 
striking  out  "seven,"  and  to  insert  in  lieu  thereof,  "  five  " — 
on  this  motion  a  debate  ensued,  which  continued  until  the  usual 
hour  of  adjournment,  when  the  Convention 

Adjourned  until  3  o'clock  in  the  afternoon. 

AFTERNOON. 

Met.  Mr.  Leighton's  amendment  was  considered,  the  ques- 
tion taken  and  decided  in  the  negative,  seventy-four  members 
voting  in  the  affirmative,  and  one  hundred  and  ten  in  the  nega- 
tive. 

Section  first  then  passed  as  amended,  without  division. 

Section  second.  Mr.  Baldwin  moved  to  amend  by  striking 
out  in  the  first,  second  and  third  lines,  these  words,  "  on  the 
first  Wednesday  of  January,  by  a  joint  ballot  of  the  Senators 
and  Representatives  in  Convention,"  and  to  insert  in  lieu 
thereof,  "  by  the  qualified  electors  on  the  second  Monday  of 
September  " — which  motion  was  negatived. 

Mr.  Dickinson  then  moved  further  to  amend  by  striking  out 
"appointment"  in  the  fifth  line,  and  to  insert  "Election;"  and 
on  motion  of  Mr.  Wallingford,  the  section  was  further  amended 
by  inserting  at  the  end  thereof,  these  words,  "  and  they  shall 
be  privileged  from  arrest,  in  the  same  manner  as  Senators  and 
Representatives."     The  second  section  then  passed  as  amended. 


58  CONSTITUTIONAL  CONVENTION. 

Section  third,  second  line.  Hon.  Mr.  Whitman  moved  to 
insert  after  the  word  "  present/'  these  words,  "  who  may  agree 
thereto  " — which  motion  prevailed,  and  the  section  passed  as 
amended. 

Section  fourth.  Hon.  Mr.  Holmes  moved  to  amend  by 
striking  out  "  Senate  and  House  of  Representatives,"  and  to 
insert  "  Legislature ;"  and  the  Hon.  Mr.  Whitman  moved  to 
strike  out  the  word  "  under,"  in  the  third  line,  and  to  insert 
the  words  "  in  the  executive  departments  of " — which  amend- 
ments passed,  and  the  fourth  section  passed  as  amended. 

Article  fifth,  part  third,  Secretary.  Sections  first,  second,  third 
and  fourth,  were  severally  read  and  passed  without  amendment. 

Article  fifth,  part  fourth,  Treasurer.  Sections  first,  second, 
third  and  fourth,  passed  severally  without  amendment. 

Article  sixth,  Judicial  powers.  Sections  first,  second,  third, 
fourth,  fifth  and  sixth,  were  severally  read  and  passed  without 
amendment. 

Article  seventh,  Military.  Section  first.  Col.  Currier  moved 
to  amend  by  inserting  after  the  word  "companies,"  these  words, 
"  the  electors  shall  be  twenty-one  years  of  age  " — which  motion 
was  negatived. 

On  motion  of  Judge  Bridge, 

Ordered,  That  a  committee  of  nine  be  appointed  to  take  into 
consideration  the  apportionment  of  Senators  and  Representa- 
tives for  the  first  Legislature,  and  to  report  such  facts  as  they 
may  find  in  relation  thereto ;  and  whether  justice  requires  that 
any  alterations  should  take  place  in  such  apportionment. 

The  Hon.  Judge  Greene,  Judge  Parris,  Dr.  Rose  of  Boothbay, 
Mr.  Getchell  of  Vassalboro',  Mr.  Virgin  of  Rumford,  Col. 
Trescott  of  Lubec,  Major  Treat  of  Bangor,  Col.  Atherton  of 
Prospect,  and  Mr.  Collins  of  Anson,  were  appointed  the  said 
committee. 

Ordered,  That  the  second,  third,  fourth,  fifth  and  sixth  arti- 
cles of  the  constitution,  be  committed  to  the  revising  committee? 
that  the  same  may  be  examined  by  them ;  and  that  they  be 
directed  to  cause  the  same  to  be  engrossed. 


SATURDAY,  OCTOBER  23.  59 

Mr.  Butterfield  of  North  Hill,  Mr.  Wallingford  of  Wells,  and 
Mr.  Wood  of  Wiscasset,  asked  and  obtained  leave  of  absence* 

Voted,  That  when  the  convention  adjourn,  it  be  until  half- 
past  8  o'clock,  on  the  morning  of  Monday  next. 
Adjourned  accordingly. 


60  CONSTITUTIONAL  CONVENTION. 


MONDAY,  October  25,  1819. 

Met  according  to  adjournment. 

A  communication  was  received  from  the  Secretary  of  the 
Commonwealth  of  Massachusetts,  inclosing  a  list  of  the  votes 
given  in,  in  the  several  towns,  within  the  District  of  Maine, 
upon  the  subject  of  the  separation  of  said  District ;  which  was 
ordered  to  be  placed  upon  the  files. 

Gen.  Wingate  moved  to  reconsider  the  vote  which  passed 
on  Saturday,  on  the  amendment  proposed  by  the  Hon  Mr. 
Whitman,  in  the  fifth  article,  part  second,  section  fourth,  third 
line,  which  was  in  these  words;  strike  out  the  word  "  under," 
and  insert  the  words,  "in  the  Executive  departments  of " — 
which  motion  prevailed,  and  the  amendment  was  lost. 

The  Hon.  Mr.  Holmes  then  moved  to  insert  after  the  word 
u  State,"  in  the  second  line,  the  words, "  or  persons  holding  any 
executive  office  under  the  United  States,  or  this  State,  notaries 
public  excepted  " — which  motion  was  taken  into  consideration, 
and  afterwards  withdrawn  by  the  Hon.  mover. 

The  Hon.  Mr.  Holmes  moved  the  following  amendment  at 
the  end  of  the  third  section,  article  fourth,  part  first,  in  these 
words :  "  and  whenever  any  town,  not  entitled  to  elect  a  rep- 
resentative, shall  determine  against  a  classification  with  any 
other  town  or  plantation,  the  Legislature  shall,  at  each  appor- 
tionment of  representatives,  on  the  application  of  each  town, 
authorize  it  to  elect  a  representative  for  such  portion  of  time, 
and  at  such  periods  as  shall  be  equal  to  its  proportion  of  rep- 
resentatives, and  the  right  of  representation  so  established,  shall 
not  be  altered  until  the  next  general  apportionment;  the 
amendment  was  taken  up  and  considered,  and  a  motion  was 
made  to  commit  the  same ;  the  motion  prevailed,  and  the  same 
was  committed  to  Mr.  Dole  of  Alna,  Mr.  Wood  of  Lebanon, 
Mr.  Leach  of  Raymond,  Mr.  Lamson  of  Wayne,  Doctor  Perkins 


MONDAY,  OCTOBER  25.  gl 

of  Weld,  Col.  Atherton  of  Prospect,  Mr.  Neal  of  Madison,  Mr. 
Wilkina  of  Orrington,  and  Mr.  Burgin  of  Eastport. 

Gen.  Wingate  then  submitted  a  further  amendment  to  the 
third  section  aforesaid,  which  was  read  and  ordered  to  lie  upon 
the  table. 

Section  one,  article  seventh,  Military,  was  then  again  taken 
into  consideration. 

Gen.  Wingate  moved  to  amend  by  inserting  after  the  word 
"  votes,"  in  the  second  line,  the  words,  "  the  members  " — which 
motion  prevailed,  and  the  section  passed  as  amended. 

Section  second  was  then  considered. 

Gen.  Wingate  moved  to  amend  in  the  first  line,  by  striking 
out  after  the  word  "the,"  these  words,  "  time  and  manner  of 
convening  the  electors,  collecting  the  votes  and  certifying  to 
the  Governor  the  officers  elected,"  and  to  insert  the  words, 
"  the  manner  of  notifying  the  electors,  conducting  the  elections, 
and  of  making  the  returns  to  the  Governor  of  the  officers 
elected  " — which  motion  prevailed,  and  the  section  passed  as 
amended. 

Section  third.  Hon.  Mr.  Holmes  moved  to  amend  the  third 
and  fourth  lines,  by  striking  out  these  words,  "and  the  command- 
ers of  forts  and  garrisons,"  and  to  insert  after  the  words  "Ad- 
jutant General,"  the  words  "  and  Quartermaster  General  : 
Provided  the  Adjutant  General  shall  perform  the  duties  of 
Quartermaster  General  until  otherwise  directed  by  law " — 
which  motion  prevailed,  and  the  Hon.  Mr.  Holmes  moved  to 
amend,  by  inserting  at  the  end  of  section  third  these  words, 
"  and  all  military  officers  shall  be  commissioned  by  the  Gover- 
nor " — which  motion  prevailed,  and  the  section  was  so  amended. 

Col.  Hobbs  of  Berwick,  moved  further  to  amend  by  striking 
out  in  the  first  and  second  lines,  these  words :  "  The  Major 
Generals  shall  be  chosen  by  the  Senate  and  House  of  Repre- 
sentatives, each  having  a  negative  on  the  other,"  and  to  insert, 
"  the  Major  Generals  shall  be  chosen  by  the  Brigadier  Gen- 
erals, and  the  field  officers  in  their  respective  divisions  " — which 
motion  was  decided  in  the  negative. 


$2  CONSTITUTIONAL  CONVENTION. 

Mr.  Abbot  of  Castine,  moved  to  strike  out  the  word  "  and/' 
and  to  insert  the  words "  with  advice  of,"  in  the  first  line^ 
which  amendment  prevailed,  and  the  third  section  then  passed 
as  amended. 

Section  fourth  passed  without  amendment. 

Col.  Stevens  presented  the  petition  of  Jeremiah  Bailey  and 
others,  upon  the  subject  of  the  militia— Which  was  read  and 
ordered  to  lie  upon  the  table. 

Section  fifth  Was  then  considered. 

Mr.  Hall  of  Buckfield,  moved  to  amend  the  same  by  striking 
out  the  whole  of  said  section,  and  to  insert  in  lieu  thereof,  the 
following:  u  The  militia,  who  are  by  law  obliged  to  bear  arms, 
shall  have  a  reasonable  compensation  for  their  services  " — * 
upon  which  amendment  a  debate  ensued  which  continued'  until 
the  usual  hour  of  adjournment,  when  the  convention 

Adjourned  until  3  o'clock  in  the  afternoon, 

AFTERNOON. 
Met.  Mr.  Hall's  amendment  Was  again  considered,  and  the 
motion  was  amended  by  the  mover,  so  as  the  same  should  read 
as  an  amendment,  to  be  inserted  at  the  end  of  the  section, 
which  motion  was  decided  in  the  negative^  seventy  four  mem* 
bers  voting  in  the  affirmative,  and  one  hundred  and  twenty-seven 
in  the  negative,  so  the  motion  was  lost. 

Col.  Atherton  then  moved  further  to  amend,  by  striking  out 
the  whole  of  the  fifth  section,  and  to  insert  in  lieu  thereof  these 
words :  "  Section  fifth.  "  No  person  of  the  age  of  eighteen 
years,  and  under  the  age  of  forty-five  years,  shall  be  exempted 
from  the  performance  of  duty  in  the  militia,  excepting  the  Jus- 
tices of  the  Supreme  Judicial  Court,  Ministers  of  the  Gospel, 
Officers  of  the  Militia  who  have  been  superceded  or  honorably 
discharged,  and  such  other  persons  as  are  or  may  be  exempted 
by  the  laws  of  the  United  States,  unless'  he  shall  pay  an  equiv- 
alent, which  said  equivalent  shall  be  paid  to  such  officers,  as  a 
fund  for  clothing  and  equipping  the  Militia,  and  apportioned  in 
such  manner  as  the  Legislature  of  the  State  may  direct  "'-—which 
motion  was  negatived. 


MONDAY,  OCTOBER  25. 

Mr.  Francis  of  Leeds,  moved  a  further  amendment  by  striking 
out  the  whole  of  the  section  under  consideration,  and  in  lieu 
thereof,  to  insert  the  following :  "  Persons  whose  religious  sen- 
timents forbid  their  engaging  in  war,  may  be  exempted  from 
military  duty ;  but  no  person  except  the  Justices  of  the  Supreme 
Judicial  Court,  shall  be  exempted  by  reason  of  holding  or  having 
held  any  civil  office  under  the  State,  without  paying  an  equiva* 
lent" — which  motion  was  passed  in  the  negative. 

Gen.  Chandler  moved  further  to  amend  by  inserting  at  the 
end  of  the  section,  these  words,  u  And  all  persons  borne  on  the 
rolls  of  any  Company  of  militia,  and  doing  military  duty  therein, 
shall  be  exempt  from  poll-tax,  in  the  State  and  County  taxes, 
during  the  time  he  shall  so  do  military  duty— which  motion 
passed  in  the  negative. 

Hon.  Mr.  Holmes  moved  to  amend  by  striking  out  in  the 
second  line,  the  word  "  shall,"  and  to  insert  the  word  "  may"— 
which  motion  prevailed,  and  the  fifth,  section  then  passed  as 
amended. 

Mr.  Bradbury  of  York,  asked  and  obtained  leave  of  absence. 

Voted,  That  when  the  Convention  adjourn,  it  be  until  7 
o'clock  this  evening. 

o 

Adjourned  accordingly, 

EVENING. 

Met  according  to  adjournment. 

Article  eighth,  Literature,  was  taken  into  consideration. 

Dr.  Rose  moved  to  amend  in  the  tenth  line,  by  inserting 
after  the  word  "made,"  the  words  "by  the  Legislature," — ■ 
which  motion  passed  in  the  affirmative. 

Mr.  Sheplcy  of  Saco,  moved  to  amend  by  striking  out  these 
words,  "  the  Governor  and  Council,  shall  have  the  power  of 
revising  and  negativing  the  doings  and  government  of  such 
institution,  in  the  selection  of  its  officers  and  the  management 
of  its  fund ;"  and  to  insert  in  lieu  thereof,  the  following:  "  The 
Legislature  of  the  State,  shall  have  the  right  to  grant  any  fur* 


64  CONSTITUTIONAL  CONVENTION. 

ther  powers  to,  or  alter,  limit,  or  restrain  any  of  the  powers 
vested  in  any  such  literary  institution,  as  shall  be  judged  nec- 
essary to  promote  the  best  interest  thereof" — which  motion 
prevailed,  one  hundred  and  fifty-one  members  voting  in  the 
affirmative,  and  eighteen  in  the  negative. 

Mr.  Stockbridge  of  North  Yarmouth,  moved  further  to  amend, 
by  striking  out  the  whole  of  the  u  Proviso  "  in  said  section,  in 
order  to  insert  a  substitute,  which  he  read  in  his  place ;  the 
the  question  was  put  upon  striking  out,  and  decided  in  the  neg- 
ative; so  the  motion  was  lost,  and  the  article  passed  as 
amended. 

Article  ninth,  General  Provisions. 

Section  first.  The  Hon.  Mr.  Holmes  moved  to  amend  in  the 
seventh  and  eighth  lines,  by  striking  out  the  words  "  of  this 
State,"  in  the  seventh  line,  and  to  insert  the  same  in  the  eighth 
line,  after  the  word  "States ;"  and  further  to  amend  by  insert- 
ing at  the  end  of  the  section,  these  words,  "  and  whenever  the 
Governor  or  any  Councilor,  shall  not  be  able  to  attend  during 
the  session  of  the  Legislature,  to  take  and  subscribe  said  oaths 
or  affirmations,  such  oaths  or  affirmations  may  be  taken  and 
subscribed  in  the  recess  of  the  Legislature,  before  any  Justice 
of  the  Supreme  Judicial  Court" — which  motion  prevailed,  and 
the  section  passed  as  amended. 

Section  second.  Gen.  Wingate  moved  to  amend,  by  inserting 
in  the  fourth  line,  after  "  Adjutant  General,"  the  words, 
"Quartermaster  General;"  and  the  Hon.  Mr.  Holmes  moved 
further  to  amend  by  striking  out  in  the  third  line,  "  Solicitor 
General ;"  and  in  the  fifth  line,  between  the  words  "  Sheriff 
and  Clerk,"  insert  "or,"  and  strike  out  "or  Clerk  of  any 
inferior  Court " — which  motion  passed  in  the  affirmative,  and 
the  second  section  passed  as  amended. 

Sections  third,  fourth  and  fifth,  were  severally  read  and 
passed. 

Section  sixth.  Hon.  Mr.  Holmes  moved  to  amend  by  insert- 
ing after  the  word  "  for,"  at  the  end  of  the  first  line,  these 
words,  "  or  which  shall  not  otherwise  be  provided  by  law,"  and 
to  insert  at  the  end  of  the  section,  "  but  not  exceeding  five 
years  " — which  motion  prevailed. 


MONDAY,  OCTOBER  25.  (55 

Mr.  Knight  of  Falmouth,  moved  further  to  amend  by  adding 
to  the  section  these  words :  "  No  person  who  denies  the 
christian  religion  shall  hold  any  office  in  the  civil  department  of 
this  State  " — which  motion  was  advocated  by  the  mover,  and 
passed  in  the  negative;  the  sixth  section  then  passed  as 
amended,  without  division. 

Col.  Atherton,  gave  notice  that  he  should  at  3  o'clock  to- 
morrow afternoon,  call  up  the  resolution  submitted  by  him, 
some  days  since,  relative  to  the  location  of  the  seat  of  govern- 
ment. 

Ordered,  That  so  much  of  the  constitution  as  has  been  ac- 
cepted by  the  convention,  be  committed  to  the  revising  com- 
mittee; and  that  Mr.  Kingsbury  of  Gardiner,  and  Judge  Ames 
of  Bath,  be  added  to  said  committee. 

Voted  to  adjourn  to  half-past  8  o'clock  to-morrow  morning. 
Adjourned  accordingly. 


(Jg  CONSTITUTIONAL  CONVENTION. 


TUESDAY,  October  26,  1819. 
Met  according  to  adjournment. 

Mr.  Thrasher  of  Cape  Elizabeth,  moved  that  a  Committee 
be  appointed  to  report  to  this  Convention,  all  laws  of  Mas- 
sachusetts, which  are  repugnant  to  the  Constitution  of  Maine — 
which  motion  was  read  and  ordered  to  lie  upon  the  table. 

Judge  Cony  submitted  the  following  resolution,  which  was 
read  and  ordered  to  lie  upon  the  table. 

Resolved,  That  a  Committee  of be  appointed  to  pro- 
cure a  suitable  public  Seal,  and  also  a  proper  device  for  the 
Arms  of  the  State. 

Judge  Greene,  Chairman  of  the  Committee  appointed  to  take 
into  consideration  the  apportionment  of  Senators  and  Represen- 
tatives for  the  first  Legislature,  made  a  report,  and  a  statement 
of  facts  in  relation  thereto,  which  were  submitted.  The  Com- 
mittee find  the  whole  number  of  Inhabitants  according  to  the 
most  correct  estimate,  which  they  have  been  able  to  make,  to 
be  as  follows,  viz  : 


In  the  County  of 

No.  of  Inhabitants. 

Senators. 

Fraction  wanting. 

Excess 

York, 

50,291 

4 

10,765 

Cumberland, 

56,043 

4 

5,013 

Lincoln, 

59,148 

4 

1,918 

Kennebec, 

54,992 

3 

9,200 

Oxford, 

33,336 

2 

2,808 

Somerset, 

30,790 

2 

262 

Hancock, 

34,276 

2 

3,748 

Penobscot, 

19,126 

i 

3,862 

Washington, 

13,076 

1 

2,188 

And  the  opinion  of  the  Committee  upon  the  foregoing  facts, 
is,  that  should  the  number  of  Senators  be  increased  to  twenty- 
four,  justice  requires  that  four  Senators  should  be  appointed  to 
Kennebec,  that  county  having  a  fraction  much  larger  than  any 


TUESDAY,  OCTOBER  26.  67 

other  according  to  the  apportionment,  made  by  a  former  Com- 
mittee. 

The  above  report  was  read,  and  thereupon 

Resolved,  That  one  additional  Senator  be  added,  so  that  the 
whole  number  of  Senators  which  may  be  elected  be  increased 
to  twenty-four;  that  this  additional  Senator  be  placed  to  the 
county  of  Kennebec,  and  that  the  report  be  so  far  amended,  as 
that  the  county  of  Kennebec  may  be  entitled  to  send  four 
Senators  to  the  first  Legislature — which  resolve  was  read  and 
passed. 

Mr.  Johnson  of  Belfast,  then  moved  that  one  additional  Sen- 
ator be  added  to  the  county  of  Hancock — which  motion  was 
afterwards  withdrawn  by  the  mover,  and 

The  Hon.  Mr.  Holmes  then  moved  to  reconsider  the  former 
votes  assigning  the  number  of  Senators  to  be  elected  and  re- 
turned to  the  first  Legislature ;  and  to  adopt  the  following 
apportionment  of  Senators  to  be  elected  for  the  first  Legisla- 
ture :  The  counties  of  York,  Cumberland,  Lincoln  and  Ken- 
nebec, may  elect  three  each;  the  counties  of  Hancock,  Oxford 
and  Somerset,  may  elect  two  each ;  the  counties  of  Washington 
and  Penobscot,  may  elect  one  each,  making  the  whole  number 
of  Senators  for  the  first  Legislature  twenty — which  motion 
passed  in  the  affirmative. 

Hon.  Mr.  Holmes  moved  to  amend  the  fourth  article,  part 
second,  in  section  first,  line  second:  and  in  section  second, 
line  eighth,  by  striking  out  the  word  "  three  " — which  motion 
prevailed. 

Mr.  Kingsbury  of  Gardiner,  moved  to  reconsider  the  last 
vote — which  motion  was  negatived. 

Article  tenth  was  then  considered. 

Section  first.  Mr.  Dane  of  Wells,  moved  to  amend  by  in- 
serting after  the  word  "  next/'  in  the  second  line,  these  words : 
"  The  choice  of  Councilors,  Secretary  and  Treasurer,  on  the 
first  Wednesday  of  January  annually,  shall  not  be  made  until 
the  year  of  our  Lord,  eighteen  hundred  and  twenty-two ;"  and 
further  to  amend  said  section  in  the  fourth  line,  by  inserting  after 


,gg  CONSTITUTIONAL  CONVENTION. 

tlie  word  "  time,"  these  words  :  u  The  choice  of  Councilors, 
Secretary  and  Treasurer,  shall  be  made  on  the  last  Wednesday 
of  May  next  " — which  motion  passed  in  the  affirmative. 

Hon.  Mr.  Holmes  moved  further  to  amend  by  striking  out 
the  word  "  four,"  and  to  insert  u  three,"  in  the  twenty-fourth, 
twenty-fifth  and  twenty-sixth  lines,"  which  motion  prevailed*, 
and  further  to  amend  in  the  thirty-seventh  line,  by  striking  out 
"members,"  and  to  insert  the  word  "numbers" — which  passed 
in  the  affirmative. 

On  motion  of  Mr.  Dearborn,  the  convention  resolved  them- 
selves into  a  committee  of  the  whole,  upon  the  subject  of  rep- 
resentation in  the  House  of  Representatives;  Hon.  Judge 
Thatcher  in  the  chair.  After  some  time  in  committee,  the 
Honorable  President  resumed  the  chair,  and  the  Honorable 
Ohairman  reported:  That  the  committee  had,  according  to 
order,  had  the  subject  committed  to  them,  under  consideration  ; 
(had  made  some  progress,  and  asked  leave  to  sit  again ;  which 
report  was  stated  from  the  Chair,  and  thereupon 

Resolved,  That  the  committee  of  the  whole  convention,  have 
leave  to  sit  again. 

Mr.  Burnham  of  Limerick,  asked  and  obtained  leave  of  ab- 
sence. 

Adjourned  to  3  o'clock  this  afternoon. 

AFTERNOON. 

Met.  The  convention  again  resolved  themselves  into  a  com- 
mitte  of  the  whole,  and,  after  sometime  spent  therein,  the  Hon- 
orable President  resumed  the  chair,  and  the  Hon.  Judge 
Thatcher  reported  that  the  committee  of  the  whole  convention, 
had  had  under  consideration  the  subject  of  representation  in 
the  House  of  Representatives;  had  made  some  progress,  and 
asked  leave  to  sit  again,  and  thereupon 

Resolved,  That  the  said  committee  have  leave  to  sit  again. 

Voted,  That  when  the  convention  adjourn,  it  be  until  7  o'clock 
this  evening. 

Adjourned  accordingly. 


TUESDAY,  OCTOBER  26.  g9 

EVENING. 

Met.  The  convention  again  resolved  themselves  into  a  com- 
mittee of  the  whole,  upon  the  subject  of  representation  in  the 
House  of  Representatives,  and  after  some  time  spent  therein, 
the  Honorable  President  resumed  the  chair,  and  the  Hon. 
Judge  Thatcher  reported,  that  the  committee  of  the  whole  con- 
vention had  had  under  consideration  the  second  and  third  sec- 
tions of  the  fourth  article  of  the  constitution,  relative  to  rep- 
resentation in  the  House  of  Representatives,  and  directed  him 
to  report  the  same,  without  amendment;  which  report  was 
accepted. 

Voted,  That  when  the   convention  adjourn,  it  be  until  half- 
past  8  o'clock  to-morrow  morning. 
Adjourned  accordingly. 


70  CONSTITUTIONAL  CONVENTION. 


WEDNESDAY,  October  27,  1819. 

Met  according  to  adjournment. 

Hon.  Mr.  Holmes,  chairman  of  the  revising  committee,  reported 
the  second,  third  and  fourth  articles  of  the  constitution,  as  ex- 
amined by  them,  and  thereupon 

Ordered,  That  the  said  articles  now  be  engrossed. 

The  Preamble  and  Bill  of  Rights,  or  first  article  of  the  con- 
stitution, as  reported  by  the  revising  committee,  as  being 
correctly  engrossed,  was  again  read,  and  the  same  passed  unani- 
mously. 

On  motion  of  the  Hon  Mr.  Moody, 

To-morrow,  at  10  o'clock,  was  assigned  for  coming  to  the 
choice  of  a  Secretary  of  State  pro  tempore,  and  that  nominations 
be  suspended  in  the  meantime. 

Resolved,  That  Mr.  Preble  of  Cumberland,  Mr.  Thatcher, 
junior,  of  York,  Judge  Ames  of  Lincoln,  Mr.  Jarvis  of  Han- 
cock, Mr.  Burgin  of  Washington,  Mr.  Gage  of  Kennebec,  Mr. 
Virgin  of  Oxford,  Mr.  Coburn  of  Somerset,  and  Mr.  Stetson  of 
Penobscot,  be  a  committee  to  prepare  an  address,  in  behalf  of 
this  convention,  to  the  people  of  Maine,  to  be  distributed  with 
the  constitution  submitted  to  the  people. 

Mr.  Boyd  of  Limington,  asked  and  obtained  leave  of  absence. 

The  convention  further  considered  the  motion  made  by  Mr. 
Dearborn,  for  reconsideration  of  the  vote  relative  to  the  sub- 
ject of  representation  in  the  House  of  Representatives  ;  and  the 
motion  was  so  far  withdrawn  by  the  mover,  as  to  admit  the 
following :  m 

The  Hon.  Mr.  Holmes  moved  to  amend  the  third  section, 
fourth  article,  in  the  second  line :  strike  out  "  four  thousand," 
and  insert  "three  thousand  seven  hundred  and  fifty ;"  and  in 
the  fourth  line,  strike  out  u  seven  thousand  five  hundred,"  and 
insert  "  six  thousand  seven  hundred  and  fifty  " — which  motion 
passed  in  the  affirmative. 


WEDNESDAY,  OCTOBER  27.  71 

A  further  amendment  was  then  moved  by  the  Hon.  Mr. 
Holmes,  by  inserting  at  the  end  of  the  third  section,  fourth 
article,  part  first,  these  words  :  "  And  whenever  any  town  or 
towns,  plantation  or  plantations,  not  entitled  to  elect  a  repre- 
sentative, shall  determine  against  a  classification  with  any 
other  town  or  plantation,  the  Legislature  may,  at  each  appor- 
tionment of  representatives,  on  the  application  of  such  town  or 
plantation,  authorize  it  to  elect  a  representative  for  such  por- 
tion of  time  and  such  period  as  shall  be  equal  to  its  portion  of 
representation,  and  the  right  of  representation,  so  established, 
shall  not  be  altered,  until  the  next  general  apportionment " — 
which  amendment  passed  in  the  affirmative,  and  the  said  sec- 
tions were  so  amended. 

♦ 
Several  propositions  were  made  in  writing,  as  substitutes  for 

the  second  and  third  sections,  fourth  article  of  the  Constitu- 
tion; these  propositions  were  from  Mr.  Wilson  of  Bingham, 
Mr.  Stevens  of  China,  Mr.  Baldwin  of  Mercer,  Mr.  Grover  of 
Bethel,  Mr.  Neal  of  Elliot,  Mr.  Tucker  of  Standish,  Mr.  Thomas 
oT  Eden,  Major  Swan  of  Winslow,  Mr.  Allen  of  Norridgewock, 
Mr.  Shaw  of  Newport,  Dr.  Rose  of  Boothbay,  Judge  Cony  of 
Augusta,  Major  Treat  of  Bangor,  Mr.  Riley  of  Newry,  Mr. 
Leonard  of  Brewer,  and  Mr.  Johnson  of  Jackson — which  were 
severally  read,  and  ordered  to  be  placed  upon  the  files  of  the 
Convention. 

Article  eleventh,  Section  first,  was  again  taken  into  consider- 
ation. 

moved  to  amend  by  striking  out  the  arrange- 
ment made  as  in  the  printed  report  for  the  county  of  Penobscot, 
and  to  insert  in  lieu  thereof,  the  following :  "  The  towns  of 
Hampden  and  Newburg  may  elect  one  representative  ;  Orrington 
and  Brewer,  Eddington  and  Plantation  adjacent  on  the  east 
side  Penobscot,  one ;  Bangor,  Orono,  and  Sunkhase  Plantation, 
one;  Dixmont,  Newport,  Carmel,  Hermon,  Stetson  and  Plan- 
tation No.  4,  in  the  6th  Range,  one;  Levant,  Corinth,  Exeter; 
New  Charleston,  Blakesburg,  Plantation  No.  1,  in  the  3d  Range, 
and  Plantation  No.  1,  in  the  4th  Range,  one;  Dexter,  Garland, 
Guilford,  Sangerville,  and  Plantation  No.  3,  in  the  6th  Range, 


72  CONSTITUTIONAL  CONVENTION. 

one;  Atkinson,  Sebec,  Foxcroft,  Brownville,  Williamsburgh, 
Plantation  No.  1,  7th  Range,  and  No.  3,  in  7th  Range,  one  " — 
which  motion  prevailed. 

And  the  section  was  further  amended  by  inserting  the 
following  arrangement  and  apportionment  for  the  county  of 
Oxford  :  "  The  towns  of  Dixfield,  Mexico,  Weld,  and  Planta- 
tions Nos.  1  and  4,  one  representative ;  Jay  and  Hartford, 
one ;  Livermore,  one  \  Rumford,  East  Andover,  and  Plantations 
Nos.  7  and  8,  one  ;  Turner,  one  ;  Woodstock,  Paris,  and  Green- 
wood, one ;  Hebron  and  Norway,  one ;  Gilead,  Bethel,  Newry, 
Albany,  and  Howard's  Gore,  one  j  Porter,  Hiram  and  Brown- 
field,  one;  Waterford,  Sweden  and  Lovel,  one;  Denmark, 
Fryeburg  and  Fryeburg  addition,  one;  Buckfield  and  Turner, 
one.  £ 

The  apportionment  of  Representatives  for  the  counties  of 
Lincoln  and  Hancock,  were  committed  to  the  delegates  from 
said  counties,  respectively,  for  them  to  consider  said  appoint- 
ment, and  to  report  this  afternoon. 

Section  second,  line  second.  Mr.  Kingsbury  moved  to  amend 
by  striking  out  the  word  "are,''  and  to  insert  these  words,  "first 
elected  and  appointed  " — which  motion  prevailed,  and  the  sec- 
tion passed  as  amended. 

Sections  third  and  fourth  passed  without  amendment. 

Section  fourth.  Col.  Moody  moved  to  amend  in  the  ninth 
line  by  striking  out  these  words, "or  shall  not  " — which  motion 
prevailed,  and  the  section  passed  as  amended. 

Sections  fifth  and  sixth  passed  without  amendment. 

Adjourned  to  3  o'clock  this  afternoon. 

AFTERNOON. 

Met.  Resolved,  That  Col.  Moody,  Judge  Parris,  Gen.  Chan- 
dler, Gen.  Kendal],  and  Col.  Pond,  be  a  committee  to  consider 
and  report  the  day  to  be  named  by  the  convention,  when  the 
inhabitants  of  the  several  towns  and  plantations  shall  give  in 
their  votes  for,  or  against  the  adoption  of  the  constitution  for 
the  new  State ;  and  also  the  manner  in  which  the  constitution 


WEDNESDAY,  OCTOBER  27.  73 

shall  be  published  and  distributed  together  with  the  accom- 
panying address. 

The  committee  composed  of  the  delegates  from  the  County 
of  Lincoln,  made  a  report  upon  the  subject  of  the  apportion- 
ment of  representatives  in  said  county,  to  amend  in  the  third 
line  after  "  Putnam,"  insert  "  Patricktown  Plantation/'  and  in 
the  fifth  line  to  strike  out  "  Nobleborough  and  Newcastle,"  and 
to  insert  "  Woolwich  and  Dresden" — which  report  was  read 
and  accepted. 

The  committee  of  delegates  for  the  County  of  Hancock, 
made  a  report  as  follows  :  Strike  out  after  the  word  u  one," 
in  the  sixth  line  to  the  end  of  the  paragraph,  and  to  insert  the 
following:  "Lincolnville,  Searsmont  and  Belmont,  one  repre- 
sentative ;  Belfast  and  Northport,  one ;  Prospect  and  Swanville, 
one ;  Frankfort  and  Monroe,  one ;  Knox,  Brooks,  Jackson  and 
Thorndike,  one" — which  report  was  read  and  accepted. 

The  following  amendment  was  offered  by  Col.  Lewis,  to  be 
added  to  Article  ninth — General  Provisions  : 

u  Section  seventh.  And  while  the  public  charges  of  the 
State  or  any  part  thereof,  shall  be  assessed  on  polls  or  estates, 
in  the  manner  that  has  hitherto  been  practised,  in  order  that 
such  assessments  may  be  made  with  equality,  there  shall  be  a 
valuation  of  estates,  within  the  State,  taken  anew,  once  in 
every  ten  years  at  least,  and  as  much  oftener  as  the  Legislature 
shall  direct " — the  above  amendment  passed  in  the  affirmative, 
without  division. 

Col.  Atherton  moved  to  reconsider  the  vote  relative  to  the 
fifth  section,  seventh  article  of  the  constitution,  passed  the 
25  th  instant,  and  is  in  these  words :  "Section  fifth.  Persons 
of  the  denomination  of  Quakers  and  Shakers  may  be  exempt 
from  military  duty,  but  no  person  except  the  Justices  of  the 
Supreme  Judicial  Court,  shall  be  exempted  by  reason  of  hold- 
ing, or  having  held,  any  civil  office  under  this  State,  without 
paying  an  equivalent " — the  motion  for  reconsideration  pre- 
vailed, and  the  section  was  striken  out;  and,  on  motion  of  Col. 
Atherton,  the  following  substitute  was  adopted : 

u  Section  fifth.     Persons  of  the  denomination  of  Quakers  and 


74  CONSTITUTIONAL  CONVENTION. 

Shakers,  Justices  of  the  Supreme  Judicial  Court,  ordained 
and  settled  ministers  of  the  Gospel,  may  be  exempted  from 
military  duty;  but  no  other  person  of  the  age  of  eighteen,  and 
under  the  age  of  forty-five  years,  excepting  officers  of  the 
militia,  who  have  been  honorably  discharged,  shall  be  so 
exempted,  unless  he  shall  pay  an  equivalent,  to  be  fixed  by 
law  " — which  motion  prevailed,  and  the  section  was  so  amended. 

Several  amendments  were  proposed  to  the  constitution  and 
negatived. 

Mr.  Thomas  of  Friendship,  asked  and  obtained  leave  of  ab- 
sence, after  this  day. 

Voted  to  adjourn  to  half-past  8  o'clock  to-morrow  morning. 
Adjourned  accordingly. 


THURSDAY,  OCTOBER  28.  75 


THURSDAY,  October  28,  1819. 

Met  according  to  adjournment. 

Mr.  Weymouth  of  Belmont,  submitted  a  proposition  relative 
to  the  Judiciary,  which  was  read  and  ordered  to  lie  upon  the 
table. 

Ordered,  That  Col.  Moody,  Judge  Parris,  Gen.  Chandler, 
Gen.  Kendall,  and  Col.  Pond,  be  a  committee  to  consider  and 
report  the  time  and  place  to  which  this  Convention  shall 
adjourn,  in  order  that  they  may  finish  the  business  assigned 
them,  by  an  act  relating  to  the  separation  of  Maine  from  Mas- 
sachusetts proper,  and  forming  the  same  into  a  separate  and 
independent  State. 

The  Hon.  Mr.  Holmes  moved  the  following  amendment  to 
be  inserted  in  Article  tenth — Schedule — Section  first :  u  and  in 
case  of  death  or  other  disqualification  of  the  President  of  this 
Convention,  or  of  the  Secretary  of  State  pro  tempore,  before  the 
election  and  qualification  of  the  Governor  or  Secretary  of 
State,  under  this  Constitution,  the  persons  to  be  designated  by 
this  Convention  at  their  session  in  January  next,  shall  have  all 
the  powers  and  perform  all  the  duties,  which  the  President  of 
this  Convention  or  the  Secretary  of  State  pro  tempore,  to  be 
by  them  appointed,  shall  have  and  perform" — which  amend- 
ment passed  in  the  affirmative. 

Hon.  Mr.  Moody,  chairman  of  the  committee  appointed  yes- 
terday, upon  the  subject  of  printing  and  distributing  the  Con- 
stitution and  address,  submitted  the  following  resolution,  which 
was  read  and  passed : 

Resolved,  That  the  Secretary  of  the  Convention  be  author- 
ized and  required,  to  procure  to  be  printed  a  sufficient  number 
of  copies  of  the  Constitution  and  the  address  to  the  people  of 
Maine,  and  distribute  as  soon  as  may  .be,  one  copy  to  the 
Selectmen  of  each  town,  and  the  Assessors  of  each  district  or 


76  CONSTITUTIONAL  CONVENTION. 

plantation,  one  to  each  Clerk  of  the  several  towns  and  planta- 
tions, and  one  to  each  of  the  members  of  the  Convention ;  and, 
also  to  cause  the  same  to  be  published  in  the  several  news- 
papers printed  within  this  district. 

The  same  Committee  reported  the  following  resolution : 

Resolved,  That  when  the  business  of  the  first  session  of  this 
Convention  is  completed,  the  Convention  will  adjourn  to  meet 
on  the  first  Wednesday  of  January  next,  at  the  Court  House  in 
Portland — read  and  accepted. 

Col.  Atherton  of  Prospect,  moved  the  following  resolution, 
as  a  substitute  for  the  one  he  had  previously  offered  on  the 
subject  of  location  of  the  Seat  of  Goverment : 

Resolved,  That  the  first  meeting  of  the  Legislature  of  the 
State  of  Maine,  and  for  the  organization  of  its  Government, 
shall  be  in  the  town  of  Portland;  which  was  read,  and  ordered 
that  the  above  resolution  be  committed  to  the  committee  ap- 
pointed to  prepare  and  report  a  Constitution  or  frame  of  Gov- 
ernment for  the  new  State. 

On  motion  of  Col.  Moody,  3  o'clock  this  afternoon,  was  as- 
signed for  coming  to  the  choice  of  a  Treasurer. 

Judge  Campbell  of  Harrington,  Mr.  Yosc  of  Robbinston, 
Mr.  Allen  of  Norridgewock,  Mr.  Stockbridge  of  North  Yar- 
mouth, and  the  Rev.  Mr.  Hooper  of  Paris,  asked  and  obtained 
leave  of  absence. 

Agreeably  to  assignment,  the  Convention  proceeded  to  the 
choice  of  a  Secretary  of  State  pro  tempore. 

Mr.  Preble  of  Portland,  Judge  Greene,  Gen.  Chandler,  Mr. 
Dole  of  Alna,  and  Mr.  Johnson  of  Belfast,  were  appointed  a 
committee  to  collect,  sort  and  count  the  votes,  for  a  Secretary 
of  State  pro  tempore,  for  the  new  State. 

The  Committee  reported  that  the  whole  number  of  votes 
given  in,  were  two  hundred  and  seventy-seven ;  necessary  to  a 
choice,  one  hundred  and  thirty-nine ;  no  person  having  that 
number,  the  Convention  proceeded  to  a  second  ballot ;  when  it 
appeared  that  the  whole  number  of  votes  was  two  hundred  and 
ninety,-  necessary  to  a  choice,  one  hundred  and  forty-six;  Ashur 
Ware,  Esq.,  had  one  hundred  and  fifty-seven  votes,  and  was 
declared  elected. 


THURSDAY,  OCTOBER  28.  77 

Resolved,  That  Judge  Parris,  Hon.  Mr.  Whitman,  and  Mr, 
Preble,  be  a  committee  to  receive  the  returns  of  the  several 
towns  and  plantations,  approving  or  disapproving  of  the  Con- 
stitution prepared  by  this  Convention — read  and  accepted. 

Ordered,  That  the  committee  on  the  pay  roll,  be  requested 
to  make  up  the  roll,  including  to-morrow. 

Articles  second,  third,  fourth,  fifth,  sixth,  seventh  and  eighth, 
of  the  constitution,  were  reported  by  the  revising  committee,  as 
having  been  examined  by  them  as  correctly  engrossed,  were 
severally  read  and  passed. 

Adjourned  to  3  o'clock  this  afternoon. 

AFTERNOON. 

Met.  Mr.  Low  of  Lyman,  submitted  the  following  resolu- 
tion : 

Resolved,  unanimously,  That  this  convention  present  their 
thanks  to  their  Honorable  President,  for  the  candor  and  impar- 
tiality, with  which  he  has  conducted  in  his  office,  and  for  his 
successful  endeavors  to  preserve  peace  and  harmony  during  our 
session;  and  that  we  tender  him  our  wish  for  a  happy  return 
to  his  family,  and  the  possession  of  all  those  blessings  which 
sensibility  can  enjoy. 

Which  resolve  was  read  by  the  Secretary  and  unanimously 
adopted. 

Upon  which  the  Honorable  President  made  the  following 
reply : 

"  Gentlemen  of  the  Convention : 

This  testimony  of  your  approbation  is  to  me  invaluable.  If 
I  have  been  successful  in  the  discharge  of  the  duties  which  the 
partiality  of  friends  assigned  me,  to  your  uniform  candor  and 
support  it  must  be  attributed;  which  will  always  be  gratefully 
acknowledged. 

u  Permit  me,  gentlemen,  to  congratulate  you  upon  the  har- 
mony and  mutual  respect  which  has  prevailed  during  your 
deliberations,  and  to  hope  that  this  spirit  of  toleration  and 
good  will,  will  be  generaly  diffused  by  your  example. 


78  CONSTITUTIONAL  CONVENTION. 

"I  will  only  acld;  my  best  wishes  for  your  prosperity  and 
happiness,  and  that  for  your  public  services,  as  well  as  your 
individual  exertions,  you  may  receive  the  confidence  and  grati- 
tude of  your  fellow  citizens." 

Agreeably  to  assignment,  the  convention  proceeded  to  the 
choice  of  a  Treasurer. 

Mr.  Preble  of  Portland,  Judge  Greene,  Gen.  Chandler,  Mr. 
Dole  of  Alna,  and  Mr.  Johnson  of  Belfast,  were  appointed  a 
committee  to  collect,  sort  and  count  the  votes  for  a  Treasurer; 
when  it  appeared  that  the 

Whole  number  of  votes  given  in,  was  .         263 

Necessary  to  a  choice,  .  .  .132 

And  Hon.  Albion  K.  Parris  had         .  .         222 

votes,  and  he  was  declared  elected. 

Mr.  Wilkins  of  New  Charleston,  moved  the  following  amend- 
ment to  the  tenth  article  of  the  constitution,  in  these  words: 
"  Section  eighth.  All  taxes  upon  real  estate,  assessed  by  the 
authority  of  this  State,  shall  be  apportioned  and  assessed 
equally,  according  to  the  just  value  thereof" — which  motion 
passed  in  the  affirmative,  and  the  section  passed  as  engrossed. 

The  remaining  articles  of  the  constitution  were  reported  by 
the  revising  committee,  as  being  correctly  engrossed,  and  the 
same  were  severally  read  and  passed  : 

And  the  question  was  put  upon  the  acceptance  of  the  con- 
stitution for  the  new  State,  as  reported  by  the  committee,  and 
now  engrossed  as  amended,  and  the  same  passed  in  the  affirm- 
ative ;  two  hundred  and  thirty-six  members  voting  in  the  affirm- 
ative, and  thirty  in  the  negative. 

Mr.  Coburn  of  Bloomfield,  Mr.  Sprague  of  Avon,  Mr.  Legrow 
of  Lebanon,  Mr.  Adams  of  Gorham,  Messrs.  Cutler  and  Gay  of 
Farmington,  Mr.  Lamson  of  Wayne,  Mr.  Francis  of  Leeds,  Mr. 
Abbot  of  Castine,  Mr.  French  of  St.  Albans,  Mr.  Herrick  of 
Bowdoinham,  and  Mr.  Waugh  of  Starks,  asked  and  obtained 
leave  of  absence. 

Voted  to  adjourn  to  half-past  8  o'clock  to-morrow  morning. 
Adjourned  accordingly. 


FRIDAY,  OCTOBER  29.  79 


FRIDAY,  October  29,  1819. 

Met  according  to  adjournment. 

Gen.  Wingate  submitted  the  following  resolutions : 

Resolved,  That  the  thanks  of  this  convention  be  presented 
to  the  Reverend  Clergymen,  "who  have  performed  religious 
exercises  during  our  session,  for  the  able,  devout  and  satisfac- 
tory manner  in  which  they  have  discharged  their  duty. 

Resolved,  That  the  thanks  of  this  convention  be  presented 
to  the  members  of  the  First  Parish  in  Portland,  for  the  use  of 
the  meeting-house  of  said  Parish,  gratuitously  and  generously 
furnished  by  them  for  the  accommodation  of  this  convention. 

The  above  resolutions  were  unanimously  adopted. 

Ordered,  That  the  Secretary  of  this  convention  be  directed 
to  notify  the  Hon.  Albion  K.  Parris,  that  he  has  been  elected 
by  the  convention  their  Treasurer;  and  also  that  he  notify 
Ashur  Ware,  Esquire,  that  he  has  been  elected  by  this  conven- 
tion, Secretary  pro  tempore,  of  the  State  of  Maine. 

Resolved,  That  the  constitution  adopted  by  this  convention, 
be  published  and  sent  to  the  several  towns,  districts  and  plan- 
tations, within  the  District  of  Maine  ;  and,  that  the  inhabitants 
thereof  qualified  by  law  be  required  to  assemble  in  their 
respective  towns,  districts  and  plantations,  on  the  first  Monday 
of  December  next,  to  give  in  their  votes  in  writing,  expressing 
their  approbation  or  disapprobation  of  said  constitution — read 
and  accepted. 

Resolved,  That  the  Secretary  of  State  pro  tempore,  and  the 
Secretary  of  this  convention,  be  directed  to  superintend  the 
printing  of  the  constitution;  and,  also  the  several  resolves 
which  have  been  passed  by  this  convention,  and  ordered  to  be 
published — read  and  accepted. 

Resolved,  That  the  Treasurer  of  the  convention  be  authorized 
to  borrow  such  sum  of  money,  as  may  be  necessary  to  pay  the 
members  of  this  convention — read  and  accepted. 


g()  CONSTITUTIONAL  CONVENTION. 

Resolved,  That  the  Secretary  of  State  pro  tempore,  be  re- 
quested to  procure  from  the  office  of  the  Secretary  of  State  of 
the  United  States,  authenticated  copies  of  the  reports  of  the 
several  Boards  of  Commissioners,  relative  to  the  boundaries 
and  limits  of  the  State  of  Maine,  in  that  department ;  and,  like- 
wise, authenticated  copies  of  all  grants,  and  confirmation  of 
grants,  relative  to  the  title  and  boundaries  of  the  said  State, 
in  the  office  of  the  Secretary  of  State  of  the  Commonwealth  of 
Massachusetts  j  and  that  they  be  placed  in  the  office  of  the 
Secretary  of  State  of  this  State— read  and  accepted. 

Resolved,  That  the  application  to  Congress  for  the  admission 
of  the  State  of  Maine  into  the  Union,  be  signed  by  the  Presi- 
dent, and  forwarded  to  Congress  by  the  Senators  and  the 
Eepresentatives  in  Congress  from  Maine— read  and  accepted. 

Resolved,  That  Judge  Parris,  Mr.  Preble,  and  the  Hon.  Mr. 
Whitman,  be  a  committee  to  prepare  a  proper  form  of  a  return 
of  votes  on  the  question  of  the  acceptance  o(  the  constitution, 
to  be  forwarded  to  the  selectmen  of  the  several  towns,  and 
assessors  of  the  several  plantations- — read  and  accepted. 

The  committee  to  whom  had  been  committed  the  subject  of 
the  location  of  the  seat  of  government,  and  to  designate  the 
place  where  the  first  meeting  of  the  Legislature  shall  be  held, 
reported,  that  they  had  attended  to  the  duty  assigned  them, 
and  submitted  the  following  resolution,  as  taken  into  a  new 
draft : 

Resolved,  That  Portland  be  the  place  for  the  first  meeting 
of  the  Legislature  for  the  State  of  Maine — -which  resolve  was 
read  and  accepted,  one  hundred  and  seventy-five  members  voting 
in  the  affirmative,  and  seventy  in  the  negative. 

Resolved,  That  the  constitution,  as  accepted  by  this  conven- 
tion, be  signed  by  the  President,  and  countersigned  by  the  Sec- 
retary ;  and  that  the  Secretary  cause  the  names  of  those  mem- 
bers who  have  signed  the  constitution  to  be  entered  on  the 
journal,  and  that  the  same  be  annexed  to,  and  printed  with  the 
constitution—read  and  accepted. 


FRIDAY,  OCTOBER  29.  3| 

A  communication  was  received  from  Ashur  Ware,  Esq.,  sig- 
nifying his  acceptance  of  the  office  of  Secretary  pro  tempore, 
which  was  read. 

The  committee  on  the  expenses  of  the  convention  exclusive 
of  the  pay  roll,  made  a  report,  which  was  read,  and 

Ordered,  That  the  Treasurer  be  requested  to  pay  to  the 
several  persons  mentioned  in  said  report,  the  sums  set  against 
their  names  respectively ;  amounting  in  the  whole,  to  the  sum 
of  five  hundred  twelve  dollars  and  twenty-nine  cents. 

Adjourned  to  3  o'clock  this  afternoon. 
AFTEROON. 

Met.  Ordered,  That  the  Treasurer  be  directed  to  pay  John 
Merrick,  Esq.,  of  Hallowell,  the  sum  of  twenty  dollars,  for  ser- 
vices by  him  rendered,  as  by  his  account,  examined  and  allowed. 

On  motion  of  the  Hon.  President, 

Resolved,  unanimously,  That  the  thanks  of  this  convention 
be  presented  to  the  committee  appointed  to  prepare  and  report 
a  constitution  or  frame  of  government  for  the  new  State,  for 
the  ability  and  unwearied  attention  bestowed  upon  the  subject 
committed  to  them. 

The  committee  on  the  pay  roll,  made  a  report,  by  which  it 
appeared  that  the  travel  and  attendance  of  the  members  of  this 

convention  amounts  to  the  sum  of ,  which  was  accepted, 

and    Ordered,   That   the    Treasurer   be  directed   to   pay  the 
same. 

Resolved,  That  an  additional  number  of  copies  of  the  con- 
stitution be  printed,  in  order  that  the  selectmen,  town  clerks 
and  delegates,  be  furnished  with  four  copies  each  instead  of  one 
copy  each,  as  before  provided. 

Agreeably  to  the  resolution  offered  in  the  morning,  the  Con- 
stitution was  signed  by  the  Hon.  President,  countersigned  by 
the  Secretary,  and  subscribed  by  the  members,  in  the  following 
manner. 

Done  in  Convention  October  29,  1819. 

WILLIAM  KING,  President  of  the  Convention, 

and  Member  from  Bath. 
ROBERT  C.  YOSE,  Secretary. 


82 


CONSTITUTIONAL  CONTENTION. 


YORK 

COUNTY. 

York,     ....         Elihu  Bragdon. 

do       . 

David  Wilcox. 

Kittery, 

Alexander  Rice. 

Berwick, 

W'illiam  Hobbs. 

do.      . 

Nathaniel  Hobbs. 

do.      . 

Richard  F.  Cutts. 

Wells,    . 

Joseph  Thomas. 

Arundel, 

Simon  Nowell. 

Parsonsfield, 

David  Marston. 

do.      . 

Abner  Keazer. 

Saco, 

Wm.  Moody. 

do.     . 

Ether  Shepley. 

do.      . 

Geo.  Thatcher,  Jr. 

Lebanon, 

David  Legrow. 

Buxton, 

Gideon  Elden. 

do.      . 

Josiah  Paine. 

do.      . 

Edmund  Woodman, 

Lyman, 

John  Low. 

do.      . 

John  Burbank. 

Biddeford, 

George  Thatcher. 

do.      . 

Seth  Spring. 

Waterboro' 

Samuel  Bradeen. 

do.      . 

Henry  Hobbs. 

Limington, 

David  Boyd. 

Cornish, 

Thomas  A.  Johnson. 

Alfred,  . 

John  Holmes. 

Hollis,    . 

Ellis  B.  Usher. 

do.      . 

Timothy  Hodgdon. 

South  Berwick, 

, 

Benj.  Greene. 

Limerick, 

John  Burnham. 

Shapleigh, 

John  Leighton. 

CUMBERLAND   COUNTY. 

Scarboro'             .              .              .         Benjamin  Larrabee,  Jr. 

do.      . 

Joseph  Fogg. 

North  Yarmouth, 

William  Buxton. 

do.      . 

Ephraim  Sturdivant. 

do.      . 

Jeremiah  Buxton. 

Falmouth, 

Peter  M.  Knight. 

do.      . 

Nathan  Buckman. 

Standish, 

Theodore  Mussey. 

FRIDAY,  OCTOBER  29. 


83 


CUMBERLAND 

Portland, 
do.      . 
Freeport, 
Durham, 
do.      . 
Bridgton, 
Poland, 
Brunswick, 
do.      . 
do.      . 
Harpswell, 
Gorham, 
do.      . 
do.      . 
Cape  Elizabeth, 
New  Gloucester 

do.      . 
Gray,     . 
Minot,    . 
do.      . 
Danville, 
Baldwin, 
Raymond, 
Pownal, 
"Westbrook, 
do.      .  ' 
do.      . 
Harrison, 


Georgetown, 
New  Castle, 
Woolwich, 
Topsham, 
Boothbay, 

do.      . 
Bristol, 

do.      . 

do.      . 
Waldoboro' 

do.      . 


COUNTY,  (Continued.) 
Albion  K.  Parris. 
Wm.  P.  Preble. 
Solomon  Dennison. 
Secomb  Jordan. 
Allen  H.  Cobb. 
Phinehas  Ingalls. 
Josiah  Dunn,  Jr. 
Robert  D.  Dunning. 
Jonathan  Page. 
Benjamin  Titcomb. 
Stephen  Purrington. 
Lathrop  Lewis. 
Joseph  Adams. 
James  Irish. 
Ebenezer  Thrasher. 
Joseph  E.  Foxcroft. 
Isaac  Gross. 
Joseph  McLellan. 
Asaph  Howard. 
Chandler  Freeman. 
Joseph  Roberts. 
Lot  Davis. 
Zachariah  Leach. 
Isaac  Cushman. 
Silas  Estes. 
Thomas  Slemons. 
John  Jones. 
Amos  Thomas. 

LINCOLN  COUNTY. 

Benjamin  Riggs. 
Ebenezer  Farley. 
Ebenezer  Delano. 
Nathaniel  Greene. 
Daniel  Rose. 
John  McKown. 
Samuel  Tucker. 
Wm.  McClintock. 
John  Fossett. 
Joshua  Head. 
Isaac  G.  Reed. 


84 


CONSTITUTIONAL  CONVENTION. 


LINCOLN  COUNTY,  (Continued.) 

tValdoboro',        .              .              .         Jacob  Ludwig,  Jr. 

Wiscasset, 

Abial  Wood. 

do.      . 

Warren  Rice. 

Bowdoinham,      . 

Ebenezer  Herrick. 

do.      . 

Elihu  Hatch. 

Nobleboro', 

Ephraim  Rollins. 

Cushing, 

Edward  Killeran. 

Camden, 

Nathaniel  Martin. 

Dresden, 

Isaac  Lilley. 

Lewiston, 

John  Herrick. 

Litchfield, 

John  Neal. 

do.      . 

David  C.  Burr. 

Lisbon,  . 

Nathaniel  Eames. 

do.      . 

James  Small. 

Edgcomb, 

Stephen  Parsons. 

Warren, 

John  Miller. 

do.      . 

Cyrus  Eaton. 

Thomaston, 

Isaac  Barnard. 

do.      . 

John  Spear. 

Bath,      . 

Joshua  Wingate,  Jr 

do.      . 

Benjamin  Ames. 

Union,   . 

Robert  Foster. 

Bowdoin, 

Joseph  Carr. 

St.  George, 

Joel  Miller. 

Hope,     . 

Furgus  McClaine. 

Palermo, 

Thomas  Eastman. 

Montville, 

Cyrus  Davis. 

Jefferson, 

Jesse  Rowell. 

Friendship, 

Melzer  Thomas. 

Whitefield, 

Joseph  Bailey. 

Putnam, 

Mark  Hatch. 

Alna,      . 

John  Dole. 

Wales,  . 

Joseph  Small. 

KENNEBEC  COUNTY. 

Hallowell,           .              .              .         Samuel  Moody. 

do.     . 

Wm.  H.  Page. 

do.      . 

Benj.  Dearborn. 

Winthrop, 

Alexander  Belcher. 

do.     . 

Daniel  Campbell. 

Vassalboro', 

Sam'l.  Redington. 

FRIDAY,  OCTOBER  29. 


85 


KENNEBEC  COUNTY,  (Continued.) 

Vassalboro',        .              .              *         Abiel  Getchell. 

Winslow, 

William  Swan. 

Pittston, 

Eli  Young. 

Greene, 

Luther  Robbins. 

Readfield, 

John  Hubbard. 

do.      . 

Samuel  Currier. 

Sidney, 

Reuel  Howard. 

do. 

Ambrose  Howard. 

Farmington, 

Nathan  Cutler. 

do.      . 

Jabez  Gay. 

New  Sharon, 

Christopher  Dyer. 

Clinton, 

Herbert  Moore. 

Fayette, 

Charles  Smith. 

Belgrade, 

Elias  Taylor. 

Harlem, 

William  Pullen. 

Augusta, 

Daniel  Cony. 

do.     . 

Joshua  Gage. 

do.     . 

James  Bridge. 

Wayne, 

Joseph  Lamson. 

Monmouth, 

John  Chandler. 

do.      . 

Simon  Dearborn,  Jr 

Mt.  Vernon, 

David  McGaffy. 

Gardiner, 

Jacob  Davis. 

do.      . 

Sanford  Kingsbury, 

Temple, 

Benjamin  Abbot. 

Wilton, 

Ebenezer  Eaton. 

Rome,    . 

John  S.  Colbath. 

Leeds,    . 

Thomas  Frances. 

Chesterville, 

Ward  Locke. 

Vienna, 

Nathaniel  Whittier. 

Waterville, 

Abijah  Smith. 

do.      . 

Ebenezer  Bacon. 

Fairfax, 

Joel  Wellington. 

Unity,    . 

Rufus  Burnham. 

Malta,    . 

William  Hilton. 

Freedom, 

Matthew  Randall. 

Joy, 

James  Parker. 

China,    . 

Daniel  Stevens. 

86 


CONSTITUTIONAL  CONVENTION. 


HANCOCK  COUNTY. 

Belfast,                .              .              *         Alfred  Johnson,  Jr. 

Isleboro', 

Josiah  Farrow. 

Deer  Isle, 

Ignatus  Haskell. 

do.      . 

Asa  Green. 

uehill, 

Andrew  Witham. 

Trenton, 

Peter  Haynes. 

Sullivan, 

George  Henman. 

Gouldsborough, 

Samuel  Davis. 

Vinalhaven, 

Benj.  Beverage. 

Frankfort, 

Alexander  Milliken.. 

do.      . 

Joshua  Hall. 

Bucksport, 

Samuel  Little. 

Northpert, 

David  Alden. 

Eden,     . 

Nicholas  Thomas,  Jr 

Orland, 

Horatio  Mason. 

Ellsworth, 

Mark  Shepard. 

Lincolnville, 

Sam'l.  A.  Whitney. 

Belmont, 

James  Weymouth. 

Brooks, 

Samuel  Whitney. 

Jackson, 

Boardman  Johnson. 

Searsmont, 

Ansel  Lathrop. 

Swanville, 

Eleazer  Nickerson. 

Thorndike, 

Joseph  Blethen. 

Monroe, 

Joseph  Neally. 

Prospect, 

Abel  W.  Atherton. 

Castine, 

William  Abbot. 

Knox,    . 

James  Weed. 

WASHINGTON   COUNTY. 

Machias,              .              .              .         John  Dickinson. 

Steuben, 

Alexander  Nichols. 

Harrington, 

James  Campbell. 

Eastport, 

John  Burgin. 

Jonesborough, 

Ephraim  Whitney. 

Calais,   . 

William  Vance. 

Lubec,   . 

Lemuel  Trescott. 

Bobbinston, 

Thomas  Vose. 

Cherryneld, 

Joseph  Adams. 

Perry,    . 

Peter  Golding. 

FRIDAY,  OCTOBER  29. 


87 


OXFORD  COUNTY. , 

Fryeburg,            .              .              .         Judah  Dana. 

Turner, 

John  Turner. 

do.     . 

Philip  Bradford. 

Hebron, 

Alexander  Greenwood 

Buckfield, 

Enoch  Hall. 

Paris,     . 

James  Hooper. 

do.      . 

Benj.  Chandler. 

Norway, 

Aaron  Wilkins. 

Hartford, 

Joseph  Tobin. 

Sumner, 

Calvin  Bisbee. 

Rumford, 

Peter  C.  Virgin. 

Lovell,  . 

Josiah  Heald,  2d. 

Brownfield, 

James  Steele. 

Jay, 

Cornelius  Holland. 

Livermore, 

Benjamin  Bradford. 

do.      . 

Thomas  Chase,  Jr. 

Bethel,  . 

John  Grover. 

Waterford, 

Josiah  Shaw. 

Albany, 

Asa  Cummings. 

Dixfield, 

Solomon  Leland. 

East  Andover, 

Sylvanus  Poor. 

Gilead, 

Eliphaz  Chapman. 

Newry,  . 

Luke  Reily. 

Denmark, 

* 

Cyrus  Ingalls. 

Porter,  . 

William  Towle. 

Hiram,  . 

Marshal  Spring. 

Woodstock, 

Cornelius  Perkins. 

Sweden, 

Samuel  Nevers. 

Mexico, 

Water  P.  Carpenter. 

Greenwood, 

Isaac  Flint. 

Weld,    . 

Lafayette  Perkins. 

SOMERSET  COUNTY. 

Canaan,               .              .              .         Wentworth  Tuttle. 

Fairfield, 

William  Kendall. 

Norridgewock, 

William  Allen,  Jr. 

Starks, 

James  Waugh. 

Cornville, 

George  Bixby. 

Anson,  . 

James  Collins. 

Strong,  . 

James  Mayhew. 

CONSTITUTIONAL  CONVENTION. 


SOMERSET  COUNTY,  (Continued.) 

Avon,     ....  Samuel  Sprague. 

New  Vineyard,  .              .  .  William  Talcott. 

Harmony,            .              .  .  Robert  Evans. 

Industry,             .              .  .  Ezekiel  Hinkley. 

Athens,                .              „  .  Isaiah  Door. 

Madison,             .              .  .  John  Neal. 

Embden,              .              .  .  Andrew  McFadden. 

Palmyra,              .              .  .  Samuel  Lancy. 

Freeman,             .              .  .  Jonathan  Brown. 

New  Portland,  .              .  .  Henry  Norton. 

Solon,    ....  Elisha  Coolidge. 

Bingham,            .              .  .  .  Obed  Wilson. 

Phillips,               .              .  .  Joseph  Dyer. 

St.  Albans,         .              .  .  Benjamin  French. 

Kingfield,            .              .  .  Joseph  Knapp. 

Corinna,              .             .  .  William  Elder. 

Ripley,  ....  Jacob  Hale. 

Bloomfield,         .              .  .  Eleazer  Coburn. 

Warsaw,              .              .  .  Stevens  Kendall. 


PENOBSCOT  COUNTY. 


Hampden, 

Orrington, 

Bangor, 

Orono, 

Dixmont, 

New  Charleston 

Foxcroft, 

Sebec,    . 

Hermon, 

Levant, 

Brewer, 

Eddington, 

Carmel, 

Corinth, 

Exeter, 

Garland, 

Newport, 

Sangerville, 

Dexter, 


Simeon  Stetson. 
John  Wilkins. 
Joseph  Treat. 
Jackson  Davis. 
Samuel  Butman. 
Daniel  Wilkins. 
Samuel  Chamberlain. 
William  Lowney. 
William  Patten. 
Moses  Hodsden. 
Geo.  Leonard. 
Luther  Eaton. 
Abel  Ruggles. 
Andrew  Strong. 
Nathaniel  Atkins. 
Amos  Gordon. 
Benj.  Shaw. 
Benj.  C.  Goss. 
Isaac  Farrar. 


FRIDAY,  OCTOBER  29.  89 

PENOBSCOT  COUNTY,  (Continued.) 
Guilford,             .              .  .         Joseph  Kelsey. 

Atkinson,  .  .  .         Eleazer  W.  Snow. 

Newburgh,  .  .  .         John  Whitney. 

Voted,  That  when  the  Convention  adjourn,  it  be  to  meet  at 
the  Court  House,  in  Portland,  on  the  first  Wednesday  of  Jan- 
uary next,  at  11  o'clock  in  the  forenoon. 

Adjourned  accordingly. 

Attest  :— ROBERT  C.  VOSE,  Secretary. 


ADDRESS 


The  Committee  appointed  on  the  27th  of  October,  1819,  to 
to  prepare  an  address  to  the  people  of  Maine,  to  accompany 
the  Constitution  to  be  submitted,  made  the  following  report, 
by  Mr.  Preble,  their  Chairman,  which  was  printed  by  the  pre- 
vious order  of  the  Convention.     The  following  is  the  address  : 


*o 


To  the  People  of  Maine. 

Fellow  Citizens  : — The  Delegates,  elected  to  form  a  Con- 
stitution and  Frame  of  Government,  now  present  you  the  result 
of  their  deliberations. 

They  invite  you  to  review  it  carefully,  to  weigh  well  its  pro- 
visions. It  is  not  submitted  as  a  perfect  system.  In  some  few 
important  provisions  it  is  a  compromise  of  conflicting  interests 
and  opinions ;  and,  though  not  perfect,  it  is  the  best,  upon 
which  the  convention  under  existing  circumstances  could  aoree. 

In  deciding  upon  its  merits  and  demerits,  the  convention 
feel  assured,  you  will  be  influenced  by  that  candor  and  libe- 
rality, which  always  pervades  an  enlightened  community. 

The  Constitution  of  Massachusetts,  venerable  as  the  work  of 
the  fathers  of  the  revolution,  endeared  to  the  people  by  many 
associations  and  replete  with  the  soundest  principles  of  liberty 
and  government,  has  in  forty  years  experience  proved  incon- 
venient and  defective  in  some  few  of  its  provisions. 

Assuming  that  instrument  for  a  basis,  the  convention  pro- 
ceeded to  frame  a  Constitution  for  the  State  of  Maine,  deviating 
in  those  cases  only,  where  the  experience  of  this  and  of  other 
States  in  the  Union  seemed  to  justify  and  require  it. 

They  have  omitted,  as  inconsistent  with  the  dignity  of  the 
subject  and  the  simplicity  of  u  the  truth,"  a  provision,  which; 
though  professing  much,  is  utterly  nugatory  in  practice. 


ADDRESS.  91 

The  worship  of  Jehovah,  to  be  acceptable,  must  be  a  free 
will  offering.  The  laws  of  man  can  reach  no  further,  than  to 
external  deportment. 

Our  holy  religion  neither  requires  nor  admits  their  aid. 
The  heart  and  affections,  the  seat  of  vital  religion,  cannot  be 
regulated  by  human  legislation. 

The  rights  of  conscience  are  secured  by  universal  toleration, 
placing  all  religious  denominations  on  the  footing  of  the  most 
perfect  equality.  For  the  purpose  of  rendering  this  provision 
more  certain  in  its  operation  all  religious  tests,  as  qualifica- 
tions for  office,  are  excluded.  By  requiring  however  that  all 
officers  shall  be  under  oath,  it  is  necessarily  presupposed,  that 
they  believe  in  the  existence  and  providence  of  God. 

In  times  of  party  excitement  the  doctrine  of  libels,  recognized 
by  the  common  law,  is  sometimes  employed  as  an  engine  of 
oppression. 

The  convention  have  endeavored  to  guard  against  the  evil 
by  making  the  truth  of  the  matter  published  a  sufficient  justifi- 
cation in  all  cases,  where  the  conduct  of  public  men  is  in  ques- 
tion, or  where  the  public  good  may  be  promoted  by  a  knowledge 
of  the  facts  disclosed. 

Pecuniary  qualifications  of  electors  have  been  productive  of 
little  benefit — sometimes  of  injustice. 

They  are  too  often  relaxed  or  strained  to  suit  the  purposes 
of  the  day.  The  convention  have  therefore  extended  the  right 
of  suffrage,  so  that  no  person  is  disqualified  for  want  of  prop- 
erty, unless  he  be  a  pauper.  With  the  same  views  electors 
under  certain  limitations  and  restrictions  are  also  privileged 
from  arrest  on  days  of  election. 

The  necessity  of  a  reduced  representation  seem  to  be  acknowl- 
edged by  all.  The  number,  to  which  it  ought  to  be  reduced, 
and  the  manner  of  making  that  reduction,  are  questions,  on 
which  scarcely  two  could  be  found  to  precisely  agree.  If  some 
were  in  favor  of  even  less  than  one  hundred,  others  were  the 
advocates  of  unlimited  representation. 

The  convention  adopted  an  intermediate  course,  limiting  the 
number  of  representatives  at  not  less  than  one  hundred,  nor 
more  than  two  hundred,  and  referring  the  question  back  to 


92  CONSTITUTIONAL  CONVENTION. 

the  people  themselves,  when  the  number  shall  have  reached  the 
highest  limit,  whether  that  number  shall  be  increased  or  dimin- 
ished. 

But  the  difficulties  arising  out  of  this  embarrassing  branch 
of  the  business  entrusted  to  your  delegates,  did  not  here  ter- 
minate. Many  were  advocates  of  a  general  districting  system — 
others  were  equally  strenuous  for  a  representation  by  towns. 
The  convention  once  more  adopted  an  intermediate  course. 

The  whole  number  of  representatives  to  be  elected  is  first 
to  be  apportioned  and  assigned  to  the  several  counties  on  the 
most  exact  principles  of  equity  and  justice.  Thus  the  great 
sections  of  the  State,  the  several  counties,  which  are  but  larger 
corporations,  actuated  to  a  certain  extent  by  a  community  of 
interests,  have  their  due  weight  according  to  their  population. 
The  number  of  representatives,  thus  apportioned  and  assigned 
to  any  county,  is  next  to  be  distributed  among  the  respective 
towns  in  such  county,  each  town,  having  the  competent  number 
of  inhabitants,  being  entitled  to  one  or  more ;  and  towns  and 
plantations  not  having  that  number,  to  be  classed  as  conven- 
iently as  possible.  On  any  practicable  system  there  will  be 
fractions,  and  the  representation  of  course  unequal.  If  under 
the  system  adopted  by  the  convention,  the  large  towns  have 
not  their  full  representation,  it  is  preserved  in  the  county  of 
which  they  are  a  part.  They  have  their  representatives  ;  and 
even  their  fractions,  which  would  otherwise  be  lost  to  them,  are 
represented  through  the  smaller  towns  of  their  county,  who  can 
seldom  have  an  interest  at  variance  with  their  own. 

The  Senate  is  predicated  upon  population. 

This  rule  of  apportionment  seemed  to  the  convention  most 
consonant  to  the  principles  of  a  government  by  the  people. 
Property  will  always  possess  at  least  its  full  share  of  influence 
without  being  specially  represented  in  the  Senate. 

The  Council  are  selected  from  among  the  people  by  the  two 
branches  of  the  Legislature.  You  thus  avoid  the  idle  ceremony 
of  electing  in  the  first  instance  from  the  Senate ;  and  you  pre- 
serve to  the  Senate  its  proper  number  and  distinctive  character. 
And  with  the  view  to  preserve  in  the  Council  a  steady  regard 
to  the  public  good,  councilors  are  precluded  from  receiving  any 


ADDRESS.  93 

appointment  during  the  time,  for  which  they  shall  have  been 
elected. 

The  provision  respecting  exempts  from  military  duty  was 
called  for  by  the  united  voice  of  the  militia.  It  tends  to 
equalize  the  burthen,  and  to  render  the  militia  more  respecta- 
ble and  more  efficient.  This  duty,  in  its  nature  a  personal 
service,  ought  not  to  fall  exclusively  upon  any  class  of  citizens* 
In  the  opinion  of  the  convention,  every  able  bodied  male  citi- 
zen of  suitable  age  ought  to  perform  it,  or,  in  gome  form  or 
other,  pay  an  equivalent. 

Free  governments  cannot  long  exist,  where  the  people  are 
ignorant  and  depraved.  The  due  administration  of  our  own 
must  essentially  depend  upon  the  intelligence  and  virtue  of  our 
citizens.  The  State  therefore  has  a  deep  interest  in  the  edu- 
cation of  our  youth.  Hence  the  convention  have  made  it  the 
imperative  duty  of  the  Legislature  to  cause  schools  to  be  sup- 
ported in  the  several  towns,  and  to  encourage  and  suitably  endow 
academies,  colleges  and  seminaries  of  learning,  by  extending  to 
them  as  far,  as  the  circumstances  of  the  people  would  authorize, 
the  patronage  of  the  State.  At  the  same  time  it  was  thought 
proper,  that  the  Legislature  should  so  far  retain  such  a  general 
and  superintending  power  over  these  institutions,  as  should 
enable  it  to  aid  the  cause  of  good  learning,  and  prevent  the 
perversion  or  abuse  of  the  public  munificence. 

To  preserve  the  purity  of  the  Legislature,  its  members  under 
certain  limitations  and  restrictions  are  disqualified,  during  the 
term,  for  which  they  are  elected,  from  being  appointed  to  any 
civil  office,  which  may  be  created,  or  the  emoluments  of  which 
may  be  increased,  during  such  term.  "With  similar  views,  and 
to  prevent  a  system  of  favoritism,  all  persons  holding  lucrative 
appointments  are  excluded  both  from  the  Legislature  and 
Council.  This  exclusion  was  deemed  peculiarly  proper  in  so 
far,  as  respects  judicial  officers. 

Thus  you  preserve  the  several  departments  of  the  govern- 
ment distinct.  Thus  you  remove  those  important  offices  as  far, 
as  possible,  from  all  temptation  to  court  the  popular  favor 
perhaps  at  the  expense  of  justice. 


94  CONSTITUTIONAL  CONVENTION. 

On  a  pure,  intelligent,  upright,  and  independent  judiciary,  the 
people  more  immediately  depend  for  the  impartial  interpreta- 
tion and  administration  of  the  laws,  and  for  protection  in  the 
enjoyment  of  their  rights  and  privileges. 

In  the  opinion  of  the  convention,  merit,  not  wealth,  is  the 
proper  qualification  for  office.  If  with  perfect  safety  to  the 
people  no  pecuniary  qualification  is  required  for  the  highest 
offices  under  the  United  States,  there  is  still  less  reason  for 
requiring  it  under  the  government  of  the  State.  With  the 
limitation  in  general,  that  but  one  important  office  can  be  held 
by  one  man,  all  offices  are  left  open  to  all. 

The  settlement  of  our  extensive  vacant  lands  has  been  seri- 
ously retarded  by  the  present  unequal  system  of  taxation.  In 
the  opinion  of  the  convention  no  good  reason  exists,  why  an 
estate  of  a  given  value  in  uncultivated  lands  should  pay 
only  one-third  so  much  tax,  as  an  estate  of  the  same  value  in 
lands  under  cultivation.  It  seemed  to  them  not  difficult  to  de- 
termine who  best  deserve  the  indulgence  or  patronage  of  the 
State,  the  man  who  brings  forward  and  cultivates  his  lands,  and 
renders  them  productive  to  the  community,  or  the  man,  who 
suffers  them  to  remain  a  useless  wilderness,  in  order  that  his 
wealth  may  be  increased  by  their  rise  in  value,  occasioned  by 
the  industry  and  enterprise  of  contiguous  settlements.  To 
remedy  the  evil,  the  convention  inserted  the  article  requiring 
that  real  estate,  whether  cultivated  or  uncultivated,  shall  be 
equally  taxed  according  to  its  just  value. 

The  apportionment  of  Senators  and  Representatives  for  the 
first  Legislature,  it  was  apprehended,  might  not  prove  perfectly 
equal.  The  convention  however  proceeded  upon  the  best  data 
in  their  possession,  and  to  them  it  is  a  gratifying  circumstance, 
that,  if  any  injustice  is  done,  it  can  be  of  but  short  duration. 

An  actual  census  of  the  people  being  about  to  be  taken,  the 
first  Legislature  will  be  enabled  to  remedy  such  inequalities,  as 
shall  be  found  to  exist,  and  to  do  exact  and  impartial  justice  to 
every  district  town  and  plantation. 

It  was  not  thought  advisable  by  the  convention  to  incumber 
the  constitution  by  attempts  to  fix  or  regulate  the  salaries  of 


ADDRESS. 


95 


any  of  you$  officers.  This  and  many  other  objects  suggested 
in  convention  are  subjects  of  legislation  and  are  left  to  the 
wisdom  of  your  future  legislatures. 

Such,  fellow  citizens,  are  the  principal  provisions  in  the  con- 
stitution submitted  to  you  by  your  delegates,  which  embrace 
the  material  variances  from  the  constitution,  under  which  you 
have  so  long  and  so  happily  lived.  We  say  principal  provisions, 
because  there  are  others,  believed  to  be  wholesome  and  salutary, 
which  however  are  not  deemed  of  sufficient  importance,  to  be 
particularly  noticed  in  this  address.  To  the  constitution  itself 
we  respectfully  refer  you.  We  solicit  you  once  more  to  weigh 
well  its  provisions,  to  examine  it  as  a  whole.  If  it  be  not  per- 
fectly satisfactory  in  all  its  parts,  judge  whether,  considering 
the  differences  existing  in  men's  views  and  opinions,  you  will 
be  likely  to  obtain  one,  more  acceptable. 

Your  delegates  have  felt  a  deep  responsibility;  your  appro- 
bation could  not  fail  to  be  highly  gratifying  to  them.  But  they 
wish  not  to  bias  your  judgment.  You  act  for  yourselves  and 
posterity. 

In  behalf  and  by  order  of  the  convention. 

WM.  P.  PREBLE,  ^ 

GEO.  THATCHER,  Jr., 

BENJA.  AMES, 

JOSHUA  GAGE, 

LEONARD  JARVI3,  t  Committee. 

JOHN  BURGIN, 

PETER  0.  VIRGIN, 

SIMEON  STETSON, 

ELEAZER  COBURN, 


ADJOURNED    SESSION 


PORTLAND,  I 

'■5 


Wednesday,  January  5,  1820. 

This  being  the  day  to  which  the  convention  adjourned,  the 
Honorable  President  and  a  quorum  of  the  members  of  the  con- 
vention assembled  in  the  Court  House  in  Portland,  agreeably 
to  the  adjournment. 

Mr.  William  Stevens,  returned  a  delegate  from  the  town  of 
Moscow,  appeared  and  exhibited  a  certificate  in  the  usual  form, 
of  his  election — which  was  read  and  thereupon 

Resolved,  That  the  said  William  Stevens  is  entitled  to  his 
seat  in  this  convention. 

Mr.  Stevens  accordingly  took  his  seat. 

The  Hon.  Mr.  Parris  submitted  the  following  resolutions^ 
which  were  severally  read  and  passed : 

Resolved,  That  the  committee  appointed  to  receive  the  re- 
turns from  the  several  towns  and  plantations,  be  directed  to 
take  from  the  post  office)  such  returns  as  have  been  there 
received  since  the  first  day  of  January  instant. 

Resolved,  That be  a  committee  to  examine  the  returns 

of  votes  from  the  several  towns  and  plantations,  on  the  consti- 
tution prepared  by  this  convontion,  and  that  the  committee 
report  the  whole  number  given  in,  and  what  number  were  in 
favor,  and  what  number  were  opposed  to  said  constitution. 

Voted,  That  said  committee  consist  of  nine  members ;  and 
the  Hon.  Messrs.  Parris  of  Portland,  Thatcher  of  Biddeford, 
Cony  of  Augusta,  Dole  of  Alna,  Col.  Pond  of  Bucksport,  Mr. 
Dickinson  of  Machias,  Mr.  Stetson  of  Hampden,  Doct.  French 
of  St.  Albans,  and  Mr.  Towle  of  Porter,  were  appointed  said 
committee. 

Resolved,  That  the  committee  on  returns,  report,  what  num- 
ber of  votes  were  legally  returned,  on  or  before  the  first  day  of 


WEDNESDAY,  JANUARY  5.  97 

January  instant,  and  of  those  so  returned,  the  number  in  favor 
and  the  number  opposed  to  the  adoption  of  the  constitution 
prepared  by  this  convention. 

Resolved,  That be  a  committee  to  consider  and  report 

in  what  manner  the  adoption  of  the  constitution,  as  well  as  our 
admission  into  the  Union,  if  that  be  effected,  should  be  an- 
nounced to  the  people  of  Maine. 

Voted,  That  said  committee  consist  of  five  members,  and  that 
Col.  Lewis  of  Gorham,  Judge  Ames,  Mr.  Campbell  of  Winthrop, 
Col.  Atherton  and  Mr.  Vance  be  said  committee. 

On  motion  of  Judge  Cony, 

Resolved,  That  Mr.  Preble  of  Portland,  Col.  Moody,  Gen'l 
Chandler,  Dr.  Rose,  and  Mr.  Johnson  of  Belfast,  be  a  committee 
to  consider  and  report,  what  business  it  will  be  proper  to  act 
upon  before  the  convention  separate. 

On  motion  of  Gen.  Chandler, 

Resolved,  That  a  committee  be  appointed  to  inquire  into  the 
expediency  of  furnishing  each  town  and  plantation  in  the  District 
of  Maine,  with  blank  forms  and  returns  of  votes  for  Governor, 
Senators  and  Representatives,  which  may  be  given  in  on  the 
first  Monday  of  April,  1820,  and  report  by  resolve  or  other- 
wise. 

Mr.  Wood  of  Lebanon,  Mr.  Allen  of  Norridgewock,  Col.  Fox- 
croft,  Mr.  Cutler  of  Farmington,  and  Dr.  Snow  of  Atkinson, 
were  appointed  said  committee. 

On  motion  of  Col.  Atherton, 

Resolved,  That  the  Hon.  Asa  Clapp,  Matthew  Cobb,  Isaac 
Ilsiey,  Arthur  McLellan,  Barrett  Potter,  Robert  Ilsley  and 
Levi  Cutter,  Esq.,  be  a  committee  to  provide  suitable  buildings 
and  accommodations  for  the  meeting  of  the  Governor  and 
Council,  the  Senate  and  House  of  Representatives  of  the  State 
of  Maine,  at  their  first  session  to  be  holden  in  Portland  on 
the  last  Wednesday  of  May,  1820. 

Voted,  That  when  the  convention  adjourn,  it  be  until  10 
o'clock  to-morrow  morning. 
Adjourned  accordingly. 

7 


98  CONSTITUTIONAL  CONVENTION. 


THURSDAY,  January  6;  1820. 
Met  according  to  adjournment. 

Judge  Parris,  chairman  of  the  committee  appointed  to  ex- 
amine the  returns  of  votes  from  the  several  towns  and  planta- 
tions in  Maine  on  the  constitution  prepared  by  this  convention, 
having  attended  to  the  service  assigned  them,  made  the  following 

REPORT : 

That  the  whole  number  of  votes  legally  and  seasonably 
returned,  is  nine  thousand  eight  hundred  and  thirty-seven,  of 
which  nine  thousand  and  forty  are  in  favor  of  said  constitution, 
and  seven  hundred  and  ninety-six  are  opposed. 

And  the  committee  further  report,  that  the  whole  number  of 
votes  returned  were  ten  thousand  eight  hundred  and  ninety- 
nine,  of  which  ten  thousand  and  twenty-five  were  in  favor  of 
said  constitution,  and  eight  hundred  and  seventy-three  were 
opposed. 

And  the  committee  further  report  that  the  returns  from  the 
towns  of  Riddeford  in  the  county  of  York,  and  Bingham  in  the 
county  of  Somerset,  were  signed  by  one  only  of  the  Selectmen 
in  each  town:  and  that  the  return  from  the  town  of  Columbia, 
in  the  county  of  Washington,  was  not  signed  by  the  Town  Clerk. 
And  the  committee  do  further  report,  that  the  returns  from  the 
towns  of  Cornish  and  Limington,  in  the  county  of  York ;  Minot, 
in  the  county  of  Cumberland ;  Friendship,  Hope,  Cushing  and 
Appleton  plantation,  in  the  county  of  Lincoln,-  Monroe,  Eden 
and  Trenton,  in  the  county  of  Hancock;  Cherryfield,  in.  the 
county  of  Washington  ;  Hallowell,  Chesterville,  Readfield,  Malta 
and  Joy,  in  the  county  of  Kennebec ;  Turner,  in  the  county  of 
Oxford;  New  Vineyard,  Fairfield,  New  Portland  and  Warsaw, 
in  the  county  of  Somerset;  New  Charleston,  Foxcroft  and  At- 
kinson, in  the  county  of  Penobscot,  were  not  returned  until 
after  the  first  day  of  January,  1820;  all  which  is  fully  explained 
in  the  annexed  schedule  which  makes  a  part  of  this  report. 


THURSDAY,  JANUARY  6. 


99 


And  the  committee  further  report  that  by  the  return  from 
the  town  of  Bucksport,  in  the  county  of  Hancock,  although  there 
appears  to  have  been  a  meeting  duly  holden,  and  the  return  is 
duly  signed  and  attested  by  the  Selectmen  and  Town  Clerk, 
yet  it  does  not  appear  that  any  votes  were  given  by  the  inhab- 
itants of  said  town  either  in  favor  or  against  said  constitution. 
All  which  is  submitted. 

ALBION  K.  PAREIS,  Per   Order. 


In  Convention,  January  6,  1820. 
Read  and  accepted,  and  ordered  that  the  report  and  schedule 
annexed,  be  entered  upon  the  journals. 

WILLIAM  KING,  President. 


YORK  COUNTY. 


Ac™. 

Rejected. 

Towns. 

u 

X> 

B 

Cause  of  Rejection. 

fS 

§ 

S3 

c 

<a 

<u 

hoi 
Bag. 

05 

'o 

to 

a 

CD 

OS 

£       \»       55 

£ 

^ 

fc 

Alfred,    . 

Arundel, 

02     52 

Biddeford, 

'    1  " 

- 

1    22 

20 

2  The  return  being  signed  by  only 

one  Selectman. 

Benvick, 

41      41 

Buxton, 

124    112 

12 

Cornish, 

"        ■ 

40 

25 

15 

Not  returned  until  after  Janu- 
ary 1,  1820. 

Elliot,     . 

52     51 

1 

Hollis,    . 

71     71 

Kittery, 

31      10 

21 

Lebanon, 

109    106       3 

Limerick, 

58     57       1 

Limington, 

-    j  -       -    ' 

|    73 

73 

Not  returned  until  after  Janu- 

1 

ary  1.,  1820. 

Lyman,  . 

86!    49 

37 

New-field, 

30      17 

13 

Parsonsfieid, 

107    107 

Sanford, 

95     10 

85 

Saco, 

103   103 

Shapleigh, 

157i    25 

132 

South  Berwick, 

47 

36 

11 

Waterborough, 

Wells,     . 

157 

156 

1 

York, 

91 

91 



__ 

y    i  . 

i 





11411 

1094 

1  317 

1  135 

1  118 

1    17 

100 


CONSTITUTIONAL  CONVENTION. 


CUMBERLAND  COUNTY. 


Accepted. 

Rejected. 

Towns. 

A 

9 

p 
Pi 
o 

M 

.5 

g 
0 
Pi 

Cause  of  Rejection. 

'o 

Ui 

g   1 

o 

03 

CO 

CS 

CD 

Baldwin, 

30 

30 

Bridgton, 

78 

78 

Brunswick,     . 

90 

88 

2 

Cape  Elizabeth,      . 

44 

44 

Danville, 

44 

44 

Durham, 

64 

58 

6 

Falmouth, 

58 

58 

Freeport, 

103 

77 

26 

Gorham, 

95 

94 

1 

Gray,       . 

87 

86 

1 

Harrison, 

19 

19 

Harpswell, 

18 

10 

8 

Minot,    . 

- 

- 

.    i 

70 

57 

Not  returned  until  after   Janu- 

ary 1,  1820. 

North  Yarmouth, 

169 

115 

54 

New  Gloucester, 

119 

118 

1 

Otisfield, 

31 1    26 

5 

Portland, 

298!  286 

12 

Poland, 

96!     94 

2 

Pownal, 

40j     40 

| 

Raymond, 

58 

52 

6 

Scarborough, 

69 

66 

3 

Standish, 

68 

57 

11 

Westbrook,    . 

75 

74 

1 

Windham, 

6l|    61 



1814 

1675 

139, 

70 

57 

13 

LINCOLN  COUNTY. 


Alna, 
Bath,      . 
Boothbay, 
Bowdoin, 
Bowdoinham 
Bristol,  . 
Camden, 
Cushing, 

Dresden, 

Edgecomb, 
Friendship, 

Georgetown, 
Hope,     . 


Jefferson, 
Lewiston, 
Lisbon,  . 
Litchfield, 
Montville, 

Montville  Plantation 
New  Castle,  . 
Nobleborough 
Palermo, 


25 

18 

7| 

112 

111 

1 

38 

38 

80 

80 

46 

46 

66 

64 

2 

63 

59 

4 

- 

- 

- 

18 

18 

28 

28 

32 

32 

- 

- 

- 

22 

22 

37 

36 

1 

- 

- 

- 

52 

52 

64 

52 

12 

67 

66 

1 

104 

103 

1 

86 

84 

2 

53 

53 

ion, 

21 
42 
49 

48 

20 
36 
49 

48 

1 
6 

Not  returned  until  after  Janu- 
ary 1,  1820. 


Not  returned  until  after  Janu- 
ary 1,  1820. 

Not  returned  until  after  Janu- 
ary 1,  1820. 


THURSDAY,  JANUARY  6. 


101 


LINCOLN  COUNTY,  (Continued.) 


Accepted. 

Rejected. 

u 

E 

Towns. 

a 

a 

9 

Jo 

B 

a 
a 

Cause  of  Rejection. 

A 
£ 

a 
9 

>-> 

a 

* 

XI 

1 
• 

Phipsburg,     .    *     . 

33 

33 

Putnam, 

18 

18 

St.  George,     . 

23 

23 

Topsham, 

61 

61 

Thomaston,    . 

74 

74 

Union,    . 

54 

49 

4 

Warren, 

42 

35 

7 

Waldoborough, 

35 

33 

2 

Whitefield,     . 

42 

42 

Wales,    . 

14 

14 

Wiscasset, 

57 

52 

5 

Woolwich, 

39 

39 

Appleton  Plantation, 

- 

■ 

■ 

18 

18 

Not  returned  until   after  Janu- 
ary 1,  1820. 

1553 

1496 

56 

110 

110 

Belfast, 

Belmont, 

Bluehill, 

Brooks, 

Brooksville, 

Bucksport, 

Castine, 

Deer  Isle, 

Eden,      . 

Ellsworth, 

Frankfort, 

Gouldsboroug 

Isle-borough, 

Jackson, 

Knox,     . 

Lincolnville, 

Munroe, 

Mount  Desert 

Northport, 

Orland,  . 

Prospect, 

Penobscot, 

Searsmont, 

Swanville, 

Sedgwick, 

S  v.  Hi  van, 

Surry,      . 

Trenton, 

Thorndike, 
Yinalhaven, 


HANCOCK  COUNTY 
12 


13     13 


18 


34 


18 


33 


Not  returned  until  after  Janu- 
ary 1,  1820. 


l:Not  returned  until  after  Janu- 
I     ary  1,  1820. 


84    C36     98      74     73(      1 


22     22 


Not  returned  unlil  after  Janu- 
ary 1,  1^20. 


102 


CONSTITUTIONAL  CONVENTION. 


WASHINGTON  COUNTY. 


Accepted. 

Rejected. 

Towns. 

1 

p 
PI 

o 

A 

p 

s 

>* 

a 

S 
B 

a 

o 

03 

B 

>< 

03 

Cause  of  Rejection. 

Addison, 
Calais,     . 
Cherryfield,    . 

Columbia, 

Dennysville,  . 
Eastport, 
Harrington,    . 
Jonesborough, 
Lubec,    . 
Machias, 
Orangetown,  . 
Perry,     .         .        . 
Tiobbinstown, 
Steuben, 

17 

40 
14 
22 
44 
38 
8 

20 
203 

17 

38 
12 
22 
44 
38 
8 

20 
199 

2 
2 

4 

14 

20 

34 

14 
9 

23 

11 

11 

Not  returned  until  after  Janu- 
ary 1,  1820. 

Return  not  signed  by  Town 
Clerk. 

KENNEBEC  COUNTY. 


Augusta, 

81 

80 

1 

1 

Belgrade, 

30 

28 

2 

Chesterville,  . 

- 

- 

- 

46 

38 

8 

China,     . 

Clinton, . 

40 

39 

1 

Dearborn, 

28 

28 

I 

Fairfax, . 

26 

26 

Fayette, 
Farmington,  . 

70 
105 

66 
105 

4 

Freedom, 

Gardiner, 

54 

54 

Greene,  . 

70 

70 

Hallowell,       . 

- 

- 

- 

145 

142 

3 

Harlem, 

34 

33 

1 

Joy, 

- 

- 

- 

28 

28 

Kingfield, 

24 

23 

1 

Leeds,     . 

93 

93 

Malta,     . 

- 

- 

- 

40 

40 

Monmouth,    . 

98 

98 

Mount  Vernon, 

70 

70 

New  Sharon, 

55 

53 

2 

Pittstown, 

28 

20 

8 

Readfield, 

- 

- 

- 

70 

70 

Rome,    . 

25 

24 

1 

Sidney,  . 

74 

73 

1 

Temple, 

24 

23 

1 

Unity,    . 

44 

43 

1 

Not  returned  until  after  Janu- 
ary 1,  1820. 


Not  returned  until  after  Janu- 
ary 1,  1820. 

Not  returned  until  after  Janu- 
ary 1,  1820. 

Not  returned  until  after  Janu- 
ary 1,  1820. 


Not  returned  until  after  Janu- 
ary 1,  1820. 


THURSDAY,  JANUARY  6. 


103 


KENNEBEC  COUNTY,  (Continued.) 


Accepted. 

Rejected. 

u 

1 

m 

Towns. 

A 

£ 

9 

. 

£ 

S 

• 

Cause  of  Rejection. 

O 

9 

6 

o 

a 

CD 

>-> 

Vienna,  . 

32 

32 

Vassalborough, 

50 

50 

Wayne,  . 

69 

68 

i 

Winslow, 

31 

31 

Waterville,     . 

110 

HOj 

Wilton,  . 

62 

62! 

Winthrop, 

82 

64 1     18 

1509 

1466 

43 

329 

318 

11 

• 

OXFORD  COUNTY. 


Albany,  . 

21 

5 

16j 

Bethel",   . 

85 

85 

Brownfield,     . 

58 

57 

l| 

Buckfield,       . 

149 

146 

3 

Dixfield, 

29 

27 

2, 

Denmark, 

East  Andover 

41 

32 

9 

Fryeburg, 

73 

73 

Gilead,    . 

23 

23 

Greenwood, 

21 

21 

Hiram,    . 

29 

28 

1 

Hartford, 

68 

68 

Hebrcn, 

73 

70 

3 

Jay, 

75 

72 

3 

Liyermore, 

73 

71 

2 

Lovel,     . 

Mexico, 

12 

12 

Newry,    . 

34 

34 

Norway, 

77 

I6 

1 

Paris, 

106 

89 

17 

Porter,    . 

37 

36 

1 

Rum  ford, 

52 

52 

Sweden, 

20 

20 

Sumner, 

52 

48 

4 

Turner,  . 

- 

- 

- 

88 

88 

Waterford, 

58 

35 

23 

Weld,     . 

37 

37 

Woodstock, 

29 

27 

2 

Plantation  No.  1, 

18 

18 

13-50 

1262 

88 

88 

88 

Not  returned  until  after  Janu- 
ary 1,  1820. 


104 


CONSTITUTIONAL  CONVENTION. 


SOMERSET  COUNTY. 


Accepted. 

Rejected.    I 

Towns. 

P 

.2 

B 

p 
a 

Cause  of  Rejection. 

o 
o 

a 

to 

o 

CO 

ai 

^ 

o3 
CD 

1 

03 

Anson,    . 

70 

70 

Athens, 

29 

24 

5 

Avon,     .        . 

28 

28 

Bloomfield,    . 

52 

50 

2 

Bingham, 

- 

- 

- 

7 

7 

Return  signed  by  only  one  Se- 
lectman. 

Canaan, 

40 

40 

Corinna, 

25 

25 

Cornville, 

27 

•27 

Embden, 

15 

14 

1 

Fairfield, 

- 

- 

- 

71 

67 

4 

Not  returned  until  after  Janu- 
ary 1,  1820. 

Freeman, 

22 

13 

9 

Harmony, 

Industry, 

29 

29 

Mercer,  . 

31 

23 

8' 

Madison, 

33 

32 

1 

Moscow, 

Norridgewock, 

66 

66 

New  Portland, 

_ 

- 

- 

24 

9 

15 

Not  returned  until  after  Janu- 
ary 1,  1820. 

New  Vineyard, 

■ 

- 

- 

26 

21 

5 

Not  returned  until  after  Janu- 
ary 1,  1820. 

North  Hill,     . 

Palmyra, 

27 

27 

Phillips, 

11 

11 

Ripley,  . 

34 

34 

Starks,    . 

39 

38 

1 

St.  Albans,     . 

22 

22 

Solon,     . 

33 

33 

Strong,   . 

20 

20 

"Warsaw, 

" 

19 

19 

Not  returned  until  after  Janu- 
ary 1,  1820. 

653 

626 

27 

I  147 

123 

24 

PENOBSCOT  COUNTY. 


Atkinson, 

Bangor,  . 
Brewer,  . 
Carmel,  . 
Corinth, 
Dixmont, 
Dexter,  . 
Exeter,  . 
Eddington, 
Foxcroft, 


- 

- 

- 

22 

22 

51 

47 

4 

42 

31 

11 

12 

12 

18 

18 

28 

23 

5 

41 

41 

27 

27 

20 

20 

- 

- 

- 

25 

25 

Not  returned  until  after  Janu- 
ary 1,  1820. 


Not  returned  until  after  Janu- 
ary 1,  1820w 


THURSDAY,  JANUARY  6. 


105 


PENOBSCOT  COUNTY,  (Continued.) 


Accepted. 

Rejected. 

cu 

si 

Town 

1 
o 

s 

S3 
o 

Cause  of  Rejection. 

co 

CO 

^3 

a 

■a 

.a 

Garland, 

16 

16 

Guilford, 

27 

27 

Hermon, 

16 

16 

Hampden, 

36 

36 

Levant,  . 

6 

6 

Newburg, 

22 

21 

11 

Newport, 

28 

28 

New  Chariest 

on,    . 

- 

- 

1    28 

28 

Not  returned  until   after  Janu- 
ary 1,  1820. 

Orono,    . 

25 

2.5 

Orrin^ton, 

58 

58 

Sanserville, 

17 

17 

Sebec,     . 

23 

23 

Plantation  N 

3.  3,  R.  6,     20 

20 

Plantation  N 

3.  1,  R.  3,      14      14 

Williamsburg 

PL,               13 

10 

3 

560 

536 

24li    75 

75 

RECAPITULATION. 

Aggregate  of  votes  le- 

Aggregate of  votes  not 

gally  RETURNED. 

LEGALLY   RETURNED. 

Counties. 

£ 
5 

number. 

o 

• 

o 

CO 

CO 

f^ 

a 

p 

% 

QJ 

fc 

York,           .... 

1,411 

1,094 

317 

135 

118 

17 

Cumberland, 

1,814 

1,675 

139 

70 

57 

13 

Lincoln, 

1,553 

1,496 

56 

110 

110 

- 

Hancock,    . 

784 

686 

98 

74 

73 

1 

Washington, 

203 

199 

4 

34 

23 

11 

Kennebec,  . 

1,509 

1,466 

43 

329 

318 

11 

Oxford, 

1,350 

1,262 

88 

88 

88 

- 

Somerset,   . 

653 

626 

27 

147 

123 

24 

Penobscot, 

560 

536 

24 

75 

75 

- 

9,837 

9,040 

796 

1,062 

985 

77 

In  Committee,  January  6,  1820.— The  foregoing  is  a  true  list  of  all  the  votes  given 
on  the  adoption  of  the  Constitution  of  Maine. 

ALBION  K.  PARRIS,  Per  Order. 
Attest: — Robert  C.  Yose,  Secretary. 


IQQ  CONSTITUTIONAL  CONVENTION. 

Which  report  was  read  and  accepted,  and  ordered  to  be 
entered  with  the  special  part  of  this  report  and  schedule  here- 
unto annexed,  upon  the  journals  of  this  convention. 

Mr.  Preble,  chairman  of  the  committee  to  whom  was  referred 
the  subject  of  what  business  it  will  be  necessary  to  act  upon 
before  the  convention  separate,  having  attended  to  the  duty 
assigned  them,  made  the  following  Report : 

That  in  addition  to  the  several  subjects  already  committed 
to  special  committees,  the  committee  submitted  for  the  consid- 
eration of  the  convention,  the  following  resolutions,  which  were 
severally  read  and  passed : 

Resolved,  That  the  Treasurer  of  this  convention,  be  and  he 
hereby  is  authorized,  to  borrow  on  the  credit  of  the  State  of 
Maine,  the  sum  of  four  thousand  dollars,  to  defray  the  expendi- 
tures of  this  convention. 

Resolved,   That be  a  committee  to  examine  the  books, 

accounts  and  vouchers  of  the  Treasurer,  with  the  view  to  an 
adjustment,  and  report  thereon. 

Gen.  Wingate,  Mr.  Ilsley  of  Portland,  and  Mr.  Gage  of  Au- 
gusta, were  appointed  on  the  said  committee. 

Resolved,  That  be  a  committee  on  the  pay  roll,  and 

that  they  be  instructed  to  make  up  the  pay  roll  including  to- 
morrow. 

Gen.  Irish,  Col.  Lewis,  and  Mr.  Dearborn  of  Hallowell,  were 
appointed  on  the  said  committee. 

Resolved,  That  the  Secretary  of  State  pro  tempore,  be  and 
he  hereby  is  instructed  to  examine  and  ascertain  what  docu- 
ments and  papers  in  the  office  of  the  Secretary  of  the  Common- 
wealth of  Massachusetts,  or  elsewhere,  are  of  importance  for 
the  use  of  the  Legislature  of  Maine,  and  that  he  procure  the 
same  or  authenticated  copies  thereof. 

Resolved,  That  the  treasurer  of  this  convention,  be  directed 
to  pay  over  to  the  Secretary  of  State  pro  tempore,  the  sum  of 
one  hundred  dollars,  to  be  accounted  for  by  said  Secretary  to 
the  Legislature  of  Maine. 

Resolved,  That  this  day  at  half-past  3  o'clock  be  assigned 
for  designating  by  ballot,  the  person  who,  in  case  of  the  death 
or  other  disqualification  of  the  President  of  this  convention 


THURSDAY,  JANUARY  6.  |Q^ 

before  the  election  and  qualification  of  the  Governor,  under 
this  constitution  of  Maine,  shall  have  all  the  powers  and  per- 
form all  the  duties  which  the  President  of  this  convention  shall 
have  and  perform. 

Resolved,  That  this  day  at  half-past  3  o'clock  be  assigned 
for  designating  by  ballot,  the  person  who,  in  case  of  the  death 
or  other  disqualification  of  the  Secretary  of  State  pro  tempore, 
before  the  election  and  qualification  of  the  Secretary  of  State, 
under  the  constitution  of  Maine,  shall  have  and  perform  all  the 
powers  and  duties  of  Secretary  pro  tempore. 

Resolved,  That  this  day  at  half-past  3  o'clock  be  assigned  for 
electing  by  ballot,  some  suitable  person  to  attend  the  Legisla- 
ture and  Executive,  and  address  the  Throne  of  Grace  by  prayer, 
at  the  organization  of  the  government  of  the  new  State. 

Gen.  Wingatc,  was  appointed  on  the  committee  on  the  sub- 
ject of  the  expenses  of  the  convention,  exclusive  of  the  pay  roll, 
in  the  absence  of  Mr.  Shepley  of  Saco. 

Adjourned  to  half-past  3  o'clock  this  afternoon. 

AFTERNOON. 

Met.  Agreeably  to  assignment,  the  convention  proceeded 
to  the  choice  of  a  person,  who,  in  case  of  the  death  or  other 
disqualification  of  the  President  of  this  convention,  before  the 
election  and  qualification  of  the  Governor  under  the  constitu- 
tion of  Maine,  shall  have  all  the  powers  and  perform  all  the 
duties  which  the  President  of  this  convention  shall  have  and 
perform ;  and  Mr.  Preble,  Judge  Thatcher,  and  Mr.  Herrick  of 
Bowdoinham,  were  appointed  a  committee  to  receive,  count  and 
sort  the  votes — when  it  appeared  that  the  whole  number  of 
votes  given  were  one  hundred  sixty-eight;  necessary  to  a 
choice,  eighty- five ;  and  that  the  Hon.  John  Chandler  had  one 
hundred  and  ten  votes,  and  he  was  declared  elected.  The  same 
committee  was  then  appointed  to  receive,  count  and  sort  the 
votes  for  the  person  who,  in  case  of  the  death  or  other  dis- 
qualification of  the  Secretary  pro  tempore,  before  the  election 
and  qualification  of  Secretary  of  State,  under  the  constitution 
of  Maine,  shall  have  and  perform  the  powers  and  duties  of 
Secretary  of  State  pro  tempore — when  it  appeared  that  the 


108  CONSTITUTIONAL  CONVENTION. 

whole  number  of  votes  given  was  one  hundred  and  seventy  - 
four;  necessary  to  a  choice,  eighty-eight ;  and  that  Robert  C. 
Vose  had  one  hundred  and  seventy-two  votes,  and  he  was  de- 
clared chosen. 

Col.  Lewis,  chairman  of  the  committee  appointed  to  consider 
and  report  in  what  manner  the  adoption  of  the  constitution 
shall  be  announced  to  the  people  of  Maine,  submitted  the  fol- 
lowing resolution,  which  was  read  and  accepted  as  amended : 

Resolved,  That  the  Secretary  of  this  convention  be  directed 
to  publish  in  the  several  newspapers  printed  in  Maine,  the 
certified  result  of  the  votes  from  the  several  towns  and  planta- 
tions in  the  District  of  Maine,  upon  the  adoption  of  the  consti- 
tution, as  reported  to  the  convention,  and  that  after  the  fifteenth 
day  of  March  next,  on  condition  that  the  proposed  State  of 
Maine,  shall  have  been  admitted  into  the  Union,  the  President  be 
requested  to  issue  his  Proclamation  to  the  people  of  the  State 
of  Maine,  making  known  such  admission;  and  that  the  constitu- 
tion proposed  by  the  convention  and  adopted  by  the  people, 
is  the  constitution  and  frame  of  government  for  the  State. 

Mr.  Wood  of  Lebanon,  chairman  of  the  committee  on  the 
subject  of  returns  for  Governor,  Senators  and  Representatives, 
made  the  following  Report : 

No.  1,  return  of  votes  for  Governor;  No.  2,  return  of  votes 
for  Senators ;  No.  3,  return  of  votes  for  Representatives ;  and 
that  the  Secretary  of  this  convention  be  requested  to  superin- 
tend the  printing  and  furnishing  the  selectmen  of  all  the  towns, 
and  the  assessors  of  all  the  plantations  in  the  State  of  Maine, 
with  a  suitable  number  of  the  same — which  report  was  read 
and  accepted. 

Agreeably  to  assignment,  the  convention  proceeded  to  the 
choice  of  a  person  to  attend  the  Legislature  and  Executive,  and 
address  the  Throne  of  Grace  by  prayer,  at  the  organization  of 
the  government  of  the  new  State ;  and  the  Hon.  Judge  Cony, 
Rev.  Mr.  Titcomb,  and  the  Rev.  Mr.  Lock,  of  Chesterville,  were 
appointed  a  committee  to  receive,  count  and  sort  the  votes — 
when  it  appeared  that  the  whole  number  of  votes  given  were  one 
hundred  and  thirty-eight;  necessary  to  a  choice,  seventy ;   the 


THURSDAY,  JANUARY  6.  109 

Rev.  Mr.  Nichols,  of  Portland,  had  one  hundred  and  thirty-three 
votes,  and  he  was  declared  chosen  ;  and  thereupon 

Ordered,  That  the  delegates  from  the  town  of  Portland  be 
requested  to  notify  the  reverend  gentleman  of  his  election. 

Col.  Lewis  was  excused  from  serving  on  the  committee  upon 
the  pay  roll,  and  Col.  Atherton  was  appointed  in  his  stead. 

Judge  Thatcher  submitted  the  following  resolution  : 
Resolved,  That  four  attested  copies  of  the  constitution  of 
the  State  of  Maine,  together  with  an  attested  copy  of  the  report 
of  the  committee  appointed  to  examine  the  returns  of  the  votes 
from  the  several  towns  and  plantations  in  Maine,  on  the  con- 
stitution proposed  to  the  people  by  this  convention,  be  trans- 
mitted to  the  Supreme  Executive  of  the  Commonwealth  of 
Massachusetts,  and  like  copies  be  delivered  by  the  Secretary 
of  State  to  the  Supreme  Executive  of  the  State  of  Maine,  as 
soon  as  the  government  thereof  shall  be  organized — and  the 
same  was  read  and  committed  to  Mr.  Moody  of  Hallo  well,  Dr. 
Chandler  of  Parris,  Mr.  Burr  of  Litchfield,  Mr.  Jarvis  of  Surry, 
and  Major  Treat,  to  consider  and  report. 

Voted,  That  when   the   convention  adjourn,  it  be  until  10 
o'clock  to-morrow  morning. 
Adjourned  accordingly. 


110  CONSTITUTIONAL  CONVENTION. 


FRIDAY,  January  7,  1820. 
Met  according  to  adjournment. 

Gen.  Wingate,  chairman  of  the  committee  appointed  to  ex- 
amine the  books,  accounts  and  vouchers  of  the  Treasurer,  sub- 
mitted the  following  Report :  That  it  appears  by  the  accounts 
presented  to  the  committee  by  the  Hon.  Albion  K.  Parris, 
Treasurer  of  this  convention,  accompanying  this  report,  he  has 
received  the  sum  of  nineteen  thousand  seven  hundred  forty-two 
dollars  and  twelve  cents,  that  he  has  paid  to  the  members  of 
this  convention  for  their  travel  and  attendance  the  first  session, 
the  sum  of  sixteen  thousand  dollars,  and  for  accounts  allowed, 
interest  and  incidental  expenses  at  the  first  session,  seven  hun- 
dred eighty-two  dollars  and  twenty-nine  cents,  leaving  a  balance 
in  the  hands  of  the  Treasurer  of  two  thousand  nine  hundred  fifty- 
nine  dollars  and  eighty-three  cents,  to  be  applied  in  part  payment 
of  the  expenses  of  the  present  session  of  the  convention.  The 
pay  roll  of  the  present  session  not  having  been  placed  in  the  hands 
of  the  Treasurer,  the  committee  have  not  been  enabled  to  adjust 
the  accounts  of  the  expenditures  of  the  present  session,  and 
therefore  recommend  the  passage  of  the  following  resolves, 
which  are  respectfully  submitted : 

Resolved,  That  the  Treasurer  of  this  convention  be  directed 
to  account  with  the  first  Legislature  of  Maine,  for  the  balance 
of  money  remaining  in  his  hands,  after  defraying  the  appropria- 
tions made  by  this  convention. 

Resolved,  That  the  Treasurer  be  allowed  as  compensation 
for  his  services,  the  one-half  of  one  per  centum  on  all  moneys 
paid  out  by  him,  under  the  direction  of  this  convention — which 
report  and  resolutions  were  severally  read  and  accepted. 

The  return  of  votes  from  the  town  of  Steuben  upon  the  ques- 
tion of  the  constitution  was  this  day  received  by  the  Hon. 
President,  and  by  him  communicated  to  the  convention,  where- 


FRIDAY,  JANUARY  7.  1 1 1 

by  it  appeared  that  the  inhabitants  of  said  town  gave  in  seven- 
teen votes  in  favor  of  the  constitution  and  none  against  it. 
Ordered,  That  said  return  be  placed  on  file. 

Gen.  Irish,  chairman  of  the  committee  upon  the  pay  roll, 
made  a  report,  by  which  it  appeared  that  the  amount  of  travel 
and  attendance,  due  the  several  members  the  present  session, 
amounting  in  the  whole  to  the  sum  of  four  thousand  two  hund- 
red and  sixteen  dollars ;  which  was  read,  and 

Ordered,  That  the  Treasurer  of  this  convention  be  author- 
ized to  pay  the  several  persons  borne  on  the  pay  roll,  the  sum 
set  against  their  names  respectively. 

Hon.  Mr.  Gage,  chairman  of  the  committee  on  accounts,  made 
a  report  that  the  sums  set  against  the  names  of  the  following 
persons,  to  wit :  to 

Francis  Douglass,  for  printing,  $178  20 

Christopher  Eand,  for  sundry  expenses,  42  26 

Aaron  Chamberlain,  15  25 

Robert  C.  Yose,  Secretary,  for  services  and  expenses,    1 18  20 
William  B.  Peters,  Sergeant-at-Arms,  6  (JO 

Thomas  Bailey,  6  00 

N.  G.  Jewett,  a  Clerk  in  the  lobbies,  6  00 

Robert  Ilsley,  Post  Master,  11  39 J 


$383  30£ 
Which  report  was  read,  and 

Ordered,  That  the  Treasurer  pay  the  several  persons  borne 
on  this  roll,  the  sums  set  against  their  names  respectively,  in 
full  for  their  services. 

Mr.  Moody  of  ITallowell,  chairman  of  the  committee  to  whom 
was  referred  the  resolutions  submitted  yesterday  by  the  Hon. 
Judge  Thatcher,  reported  the  following  resolution  as  taken 
into  a  new  draft : 

Resolved,  That  the  President  of  this  convention,  cause  to  be 
transmitted  to  the  Supreme  Executive  of  the  Commonwealth 
of  Massachusetts,  one  attested  manuscript  copy  of  the  constitu- 
tion of  the  State  of  Maine,  and  the  reports  of  the  committee 
appointed  to  examine  the  return  of  the  votes  of  the  several 


1X2  CONSTITUTIONAL  CONVENTION. 

towns  and  plantations,  upon  the  question  of  the  adoption  of  the 
constitution,  and  also  an  attested  manuscript  copy  of  the  pro- 
ceedings of  this  convention — which  resolution  was  read  and 
accepted. 

The  Hon.  Judge  Thatcher,  read  in  his  place  the  following 
resolution : 

Resolved,  unanimously,  That  the  thanks  of  this  convention 
be  presented  to  the  Honorable  William  King,  for  the  dignified 
and  impartial  manner  with  which  he  has  discharged  the  duties 
of  the  chair,  during  our  deliberations — which  resolution  was 
again  read  by  the  Secretary  and  unanimously  adopted. 

The  Honorable  President  then  made  the  following  reply : 

Gentlemen  of  the  Convention: — For  the  sentiments  which 
you  have  expressed,  I  feel  particularly  grateful; — they  come, 
I  perceive,  from  an  old  and  respected  friend,  from  whom  politi- 
cal considerations  have  perhaps  too  long  separated  me.  My 
friend,  on  this  occasion,  does  not  remember  them — they  are, 
therefore,  erased  from  my  recollection  forever. 

The  constitution,  gentlemen,  which  you  have  presented  with 
so  much  unanimity  to  our  fellow-citizens,  an  unexampled  ma- 
jority have  adopted.  Your  business  has  therefore  now  termi- 
nated ;  to  the  public  it  has  been  most  useful ;  to  yourselves  most 
honorable,  being  now  enrolled  as  the  fathers  of  the  constitu- 
tion. 

Permit  me,  gentlemen,  to  hope  that  the  constitution  with 
which  God  has  been  pleased,  through  you,  to  bless  us,  may  long 
preserve  the  liberties,  and  promote  the  happiness  of  all  our 
fellow-citizens ;  and  that  for  your  services,  you  may  not  only 
receive  the  respect  of  the  virtuous  of  your  own  time,  but  the 
regard  of  posterity. 

The  business  of  the  convention  being  completed,  on  motion 
of  the  Hon.  Judge  Cony, 

Voted,  That  the  convention  adjourn  without  day. 
Adjourned  accordingly. 

Attest:-— R.  C.  YOSE;  Secretary. 


STATE     OF    MAINE 


Resolves  to  authorize  the  printing  of  the  Journal  of  the  Constitutional  Convention. 

Resolved,  That  the  secretary  of  state  be  directed  to  cause  one 
thousand  copies  to  be  printed,  of  the  journal  of  the  convention  which 
framed  the  constitution  of  Maine. 

Resolved,  That  copies  of  the  same  be  transmitted  to  such  persons 
and  corporations  as  are  entitled  under  existing  resolves  to  receive 
copies  of  the  laws  of  the  state,  and  that  the  remainder  be  retained  for 
the  future  disposition  of  the  legislature. 

[Approved  April  10,  1856.] 


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